AS AMENDED BY
HOUSE AMENDMENT NO. 2
AN ACT TO AMEND TITLE 23 OF THE DELAWARE CODE RELATING TO THE OPERATION OF A VESSEL OR BOAT WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend The title of Chapter 23 of Title 23, Delaware Code, by striking the phrase "of intoxicating liquor and/or drugs" from the title and substituting in lieu thereof the phrase "or with a prohibited alcohol content.".
Section 2. Amend § 2301, Title 23, Delaware Code, by adding thereto a new paragraph (h) to read as follows:
"(h) ‘Drug’ shall include any substance or preparation defined as such by Title 11 or Title 16 or which has been placed in the schedules of controlled substances pursuant to Chapter 47 of Title 16. ‘Drug’ shall also include any substance or preparation having the property of releasing vapors or fumes which may be used for the purpose of producing a condition of intoxication, inebriation, exhilaration, stupefaction or lethargy or for the purpose of dulling the brain or nervous system.".
Section 3. Amend § 2302(a)(5), Title 23, Delaware Code, by striking paragraph (5) in its entirety and substituting in lieu thereof the following:
"(5) When the person’s alcohol concentration is, within 4 hours after the time of vessel operation, 0.10 or more. Notwithstanding any other provision of the law to the contrary, a person is guilty under this subsection, without regard to the person’s alcohol concentration at the time of vessel operation, if the person’s alcohol concentration is, within 4 hours after the time of vessel operation 0.10 or more and that alcohol concentration is the result of an amount of alcohol present in, or consumed by the person when that person was operating the vessel or boat.".
Section 4. Amend § 2302, Title 23, Delaware Code, by redesignating subsection (e) as subsection (f), and by striking the phrase "of intoxicating liquor and/or drugs" from the title.
Section 5. Amend § 2302(d), Title 23, Delaware Code, by striking subsection (d) in its entirety and substituting in lieu thereof the following:
"(d) No person shall be guilty under subsection (a)(5) of this section when the person has not consumed alcohol prior to or during the operation of a vessel but has only consumed alcohol after the person has ceased operation of a vessel and only such consumption after operation of a vessel caused the person to have an alcohol concentration of 0.10 or more within 4 hours after the time of operation of the vessel.
(e) No person shall be guilty under subsection (a)(5) of this section when the person’s alcohol concentration was 0.10 or more at the time of testing only as a result of the consumption of a sufficient quantity of alcohol that occurred after the person ceased operating a vessel and before any sampling which raised the person’s alcohol concentration to 0.10 or more within 4 hours after the time of vessel operation.".
Section 6. Amend § 2303(h), Title 23, Delaware Code, by striking the last sentence and substituting in lieu thereof the following:
"However, such evidence may only be admissible in proceedings for the determination of guilt when evidence or argument by the defendant is admitted or made relating to the alcohol concentration of the person at the time of vessel operation."
Section 7. Amend § 2303(g), Title 23, Delaware Code, by striking said subsection in its entirety.
Section 8. Amend § 2303, Title 23, Delaware Code, by redesignating subsections (h), (i), (j), (k), (l), (m) and (n) as subsections (g), (h), (i), (j), (k), (l) and (m) respectively.
Section 9. Amend § 2303(l)(1), Title 23, Delaware Code, by striking the phrase "subsection (k)" and substituting in lieu thereof the phrase "subsection (j)".
Section 10. Amend § 2303(l)(1)(c), Title 23, Delaware Code, by striking the phrase "subsections (k) and (l)" and substituting in lieu thereof the phrase "subsections (j) and (k)".