AN ACT to amend article seven, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated sections eighteen- a and eighteen-b, all relating to establishing the misdemeanor criminal offense of negligent homicide when a motorboat or vessel is operated in reckless disregard of the safety of others and results in the death of any person and establishing the penalty therefor of imprisonment of not more than one year or fine of not less than one hundred dollars nor more than one thousand dollars, or both imprisonment and fine, and suspending motorboat or vessel operation privileges for a five-year period for one so convicted; establishing the felony criminal offense of operating a motorboat or vessel under the influence of alcohol, controlled substances, other drugs, or a combination thereof, when a motorboat or vessel is operated in reckless disregard of the safety of others and results in the death of any person, and establishing the penalty therefor of imprisonment of not less than one year nor more than ten years and fine of not less than one thousand dollars nor more than three thousand dollars; establishing the misdemeanor criminal offense of operating a motorboat or vessel under the influence of alcohol, controlled substances, other drugs, or a combination thereof, when a motorboat or vessel is operated in violation of any act forbidden by law and results in the death of any person, and establishing the penalty therefor of imprisonment of not less than ninety days nor more than one year and fine of not less than five hundred dollars nor more than one thousand dollars; establishing the misdemeanor criminal offense of operating a motorboat or vessel under the influence of alcohol, controlled substances, other drugs, or a combination thereof, when a motorboat or vessel is operated in violation of any act forbidden by law and results in the injury of any person other than himself or herself, and establishing the penalty therefor of imprisonment of not less than one day nor more than one year, to include actual confinement of not less than twenty-four hours and fine of not less than two hundred dollars nor more than one thousand dollars; establishing the misdemeanor criminal offense of operating a motorboat or vessel under the influence of alcohol, controlled substances, other drugs, or a combination thereof, and establishing the penalty therefor of imprisonment of not less than one day nor more than six months, to include actual confinement of not less than twenty-four hours and fine of not less than one hundred dollars nor more than five hundred dollars; establishing the misdemeanor criminal offense of operating a motorboat or vessel by any person who is a habitual user of narcotic drugs or amphetamine, or derivative thereof, and establishing the penalty therefor of imprisonment of not less than one day nor more than six months, to include actual confinement of not less than twenty-four hours and fine of not less than one hundred dollars nor more than five hundred dollars; establishing the misdemeanor criminal offense of knowingly allowing the operation of one's motorboat or vessel by any person who is under the influence of alcohol, controlled substances, other drugs, or a combination thereof, and establishing the penalty therefor of imprisonment of not more than six months, and fine of not less than one hundred dollars nor more than five hundred dollars; establishing the misdemeanor criminal offense of knowingly allowing the operation of one's motorboat or vessel by any person who is an habitual user of narcotic drugs or amphetamine, or derivative thereof, and establishing the penalty therefor of imprisonment of not more than six months and fine of not less than one hundred dollars nor more than five hundred dollars; establishing the misdemeanor criminal offense of operating a motorboat or vessel while under the age of twenty-one years while he or she has an alcohol blood concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten hundredths of one percent, by weight, and for a first offense, establishing the penalty therefor of a fine of not less than twenty-five dollars nor more than one hundred dollars, for a second offense, establishing the penalty therefor of imprisonment of twenty-four hours and a fine of not less than one hundred dollars nor more than five hundred dollars; prohibiting an arrest and charge under different subsections for the same transaction or occurrence; establishing the misdemeanor criminal offense of operating a motorboat or vessel under the influence of alcohol, controlled substances, other drugs, or a combination thereof with one or more persons on board who are less than sixteen years of age and establishing the penalty therefor of imprisonment of not less than two days nor more than twelve months, to include actual confinement of not less than forty-eight hours, and fine of not less than two hundred dollars nor more than one thousand dollars; establishing that a second offense shall constitute a misdemeanor with a penalty of confinement not less than six months nor more than one year, and a discretionary fine of not less than one thousand dollars nor more than three thousand dollars; establishing that a third offense shall constitute a felony with a penalty of confinement in the penitentiary not less than one nor more than three years, and a discretionary fine of not less than three thousand dollars nor more than five thousand dollars; establishing that subsequent offenses which constitute second or third convictions include subsections of this article, any municipal ordinance of this state or statute of the United States or any other state which has the same elements as an offense described in this article; permitting a person to be charged in warrant or indictment or information for a subsequent offense before final adjudication of the subsequent offense; negating a defense of prescribed use of alcohol or controlled substances; defining controlled substances; and, establishing that all sentences herein are mandatory while allowing the court certain discretion.