An Act to establish certain criminal offenses for boat operators and to provide penalties therefor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 22-16:

Any person who, while under the influence of alcohol, drugs, or substances, in a manner and to a degree prohibited by § 42-8-45, without design to effect death, operates a boat, as defined by § 42-8-2, in a negligent manner and thereby causes the death of another person, including an unborn child, is guilty of watercraft homicide, a Class 3 felony.

Section 2. That a NEW SECTION be added to chapter 22-18:

Any person who, while under the influence of alcohol, drugs, or substances, in a manner and to a degree prohibited by § 42-8-45, without design to effect serious bodily injury, operates a boat, as defined by § 42-8-2, in a negligent manner and thereby causes the serious bodily injury of another person, including an unborn child, is guilty of watercraft battery, a Class 4 felony.

Section 3. That a NEW SECTION be added to chapter 42-8:

Any operator of a boat involved in an accident resulting in serious bodily injury or death to any person, who fails to immediately stop the boat at the scene of the accident and comply with the provisions of §§ 42-8-56 through 42-8-58, inclusive, is guilty of a Class 6 felony.