Amends TCA Title 55, Chapter 10, Part 4 and Title 69, Chapter 9, Part 2.

This bill revises various provisions of present law concerning the offense of boating under the influence (BUI).<br /> <br /> For purposes of BUI, present law defines "drugs producing stimulating effects on the central nervous system" to include the salts of barbituric acid, also known as malonyl urea, or any compound, derivatives, or mixtures thereof that may be used for producing hypnotic or somnifacient effects, and includes amphetamine, desoxyephedrine or compounds or mixtures thereof, including all derivatives of phenolethylamine or any of the salts thereof, except preparations intended for use in the nose and unfit for internal use. This bill redefines "drugs producing stimulating effects on the central nervous system," as such term applied to BUI, to include any controlled substance, controlled substance analogue, drug, or combination of drug substances affecting the central nervous system, that impairs the person of the clearness of mind or the control of oneself that the person would otherwise possess.<br /> <br /> This bill clarifies that a person arrested for BUI may not refuse a breath or blood test to determine the alcoholic or drug content of the person's blood when the test is administered pursuant to a warrant. <br /> <br /> This bill increases from six to 12 months the period of time that a person's privilege to operate a boat is suspended for violation of the implied consent law.<br /> <br /> Under present law, the sentence of a person convicted of DUI is subject to enhancement if, at the time of the offense, the person was accompanied by a minor, as follows:<br /> <br /> (1) If a person is convicted of a violation of DUI, and at the time of the offense, the person was accompanied by a child under 18 years of age, the person's sentence is enhanced by a mandatory minimum period of incarceration of 30 days;<br /> <br /> (2) If, at the time of the offense, the person was accompanied by a child under 18 years of age, and the child suffers serious bodily injury as the proximate result of the DUI offense, the person commits a Class D felony and is punished as provided for vehicular assault; and<br /> <br /> (3) If, at the time of the offense, the person was accompanied by a child under 18 years of age, and the child is killed as the proximate result of the DUI offense, the person commits a Class B felony and is punished as provided for vehicular homicide involving intoxication.<br /> <br /> This bill makes the sentence enhancements described in (1) – (3) applicable to BUI offenses.<br /> <br /> This bill makes various sentencing alternatives that apply to DUI offenders under present law, also apply to BUI offenders. The alternatives include: transdermal monitoring device or other alternative alcohol or drug monitoring device; electronic monitoring with random alcohol or drug testing; GPS monitoring system; allowing service of a sentence of incarceration in an alternative facility, and, in Davidson County only, allowing a first offender to serve 200 hours of community service in lieu of the mandatory minimum 48-hour jail sentence.<br /> <br /> ON APRIL 20, 2023, THE HOUSE ADOPTED AMENDMENT 1 AND PASSED HOUSE BILL 458, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the following changes to this bill:<br /> <br /> (1) Provides that upon a conviction for a first offense of boating under the influence, the person must be fined not less than $350 nor more than $1,500;<br /> <br /> (2) Provides that upon a conviction for a second offense of boating under the influence, the person must be fined not less than $600 nor more than $3,500;<br /> <br /> (3) Lowers from 25 days to 17 days, the period of time a person must serve in incarceration imposed in the county jail or workhouse before a judge can potentially order the person to participate in a substance abuse treatment program licensed or certified by the department of mental health and substance abuse services;<br /> <br /> (4) Provides that upon a conviction for a third offense of boating under the influence, the person must be fined not less than $1,100 nor more than $10,000;<br /> <br /> (5) Provides that upon a conviction for a fourth offense of boating under the influence, the person must be fined not less than $3,000 nor more than $15,000;<br /> <br /> (6) Provides that upon a conviction for a fifth offense of boating under the influence and for which prior convictions for vehicular assault, aggravated vehicular assault, vehicular homicide, or aggravated vehicular homicide are to be included, the person must be fined not less than $3,000 nor more than $15,000;<br /> <br /> (7) Provides that upon a conviction for a sixth or subsequent offense of boating under the influence, the person must be fined not less than $3,000 nor more than $15,000;<br /> <br /> (8) Provides that if a person is convicted of a violation of boating under the influence, and at the time of the offense, the person was accompanied by a child under 18, then the person's sentence must be enhanced by a fine of $1,000 in addition to any other fine received for the violation;<br /> <br /> (9) Provides that if, at the time of boating under the influence, the person was accompanied by a child under 18, and the child suffers serious bodily injury as the proximate result of the violation, the person must be punished in the same manner as vehicular assault and have the person's sentence enhanced by a fine of $1,000 in addition to any other fine received for the violation;<br /> <br /> (10) Provides that if, at the time of the offense, the person was accompanied by a child under 18, and the child is killed as the proximate result of boating under the influence, the person must be punished in the same manner as vehicular homicide and have the person's sentence enhanced by a fine of $1,000 in addition to any other fine received for the violation; and<br /> <br /> (11) Removes the provisions that allowed, in Davidson County only, a first offender to serve 200 hours of community service in lieu of the mandatory minimum 48-hour jail sentence.<br />