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2006 SESSION

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067266256
HOUSE BILL NO. 870 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Agriculture, Chesapeake and Natural Resources on January 25, 2006) (Patrons Prior to Substitute--Delegates Byron and Dudley [HB 1075]) A BILL to amend and reenact § 29.1-746 of the Code of Virginia, relating to mandatory boating safety course for violators of boating laws; penalty.

Be it enacted by the General Assembly of Virginia:

1.  That § 29.1-746 of the Code of Virginia is amended and reenacted as follows:

§ 29.1-746. Penalties.

A. Unless specified otherwise, any person who violates any provision of this chapter or any regulation adopted under this chapter shall be guilty of a Class 4 misdemeanor for each such violation.

B. Upon the conviction of any person for the violation of any provision of this chapter or any regulation adopted thereunder for which the criminal penalty is a Class 3 misdemeanor or greater, the court shall order the person to complete and pass a boating safety course approved by the National Association of State Boating Law Administrators and accepted by the Department. A list of such courses shall be made available by the Department. Any person who has been ordered by the court to complete and pass a boating safety course shall submit to the court, in a form approved by the Department, proof of completion and passage of the course within six months of the time of his conviction. If the person who has been required to complete and pass a boating safety course is under 18 years of age, the court may require the person to obtain parental consent to enroll in the course. If the person does not complete and pass the boating safety course within the prescribed time period, the court may, for good cause, extend the period for completion; however, absent good cause, the court shall impose a fine not to exceed $250.