1034ja

___________________ moved that HB 1034 be amended as follows:

     On page 3, after line 6 of the House Transportation Committee engrossed bill, insert:

"      Section 5. That § 42-8-45 be amended to read as follows:

     42-8-45.   No person may operate a boat while underway on the public waters of the state while:

             (1)      There is 0.10 0.08 percent or more by weight of alcohol in his blood as shown by chemical analysis of his that person's breath, blood, or other bodily substance;

             (2)      Under the influence of an alcoholic beverage;

             (3)      Under the influence of marijuana or any controlled drug or substance to a degree which renders him the person incapable of safely driving or operating such boat; or

             (4)      Under the combined influence of an alcoholic beverage and marijuana or any controlled drug or substance to a degree which renders him the person incapable of safely driving or operating such boat.

     Any violation of this section is a Class 1 misdemeanor.

     Section 6. That § 42-8-45.4 be amended to read as follows:

     42-8-45.4.   In any criminal prosecution for a violation of §   42-8-45, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath, or other bodily substance shall give gives rise to the following presumptions:

             (1)      If there was at that time five hundredths percent or less by weight of alcohol in the defendant's blood, it shall be is presumed that the defendant was not under the influence of intoxicating liquor;

             (2)      If there was at that time in excess of five hundredths percent but less than ten eight hundredths percent by weight of alcohol in the defendant's blood, such fact does not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant;

             (3)      If there was at that time ten eight hundredths percent or more by weight of alcohol in the defendant's blood, it shall be is presumed that the defendant was under the influence of intoxicating liquor.

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     Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 1.0 cubic centimeters of whole blood or 2100 cubic centimeters of deep lung breath. ".