senate Bill S2860A

Makes certain convictions for operating under the influence predicates for other operating under the influence convictions

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / Feb / 2011
    • REFERRED TO TRANSPORTATION
  • 07 / Apr / 2011
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 07 / Apr / 2011
    • PRINT NUMBER 2860A
  • 12 / Apr / 2011
    • 1ST REPORT CAL.372
  • 13 / Apr / 2011
    • 2ND REPORT CAL.
  • 02 / May / 2011
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2011
    • PASSED SENATE
  • 06 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 06 / Jun / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 06 / Feb / 2012
    • 1ST REPORT CAL.173
  • 07 / Feb / 2012
    • 2ND REPORT CAL.
  • 13 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 14 / Feb / 2012
    • PASSED SENATE
  • 14 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 14 / Feb / 2012
    • REFERRED TO TRANSPORTATION

Summary

Provides that a conviction for operation of a motor vehicle, snowmobile, or all terrain vehicle while under the influence of alcohol or drugs shall be deemed a prior conviction for the purpose of imposing penalties for boating while under the influence of alcohol or drugs and a conviction for operating a vessel, snowmobile or all terrain vehicle under the influence to be a prior conviction of operating a motor vehicle while under the influence.

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Bill Details

Versions:
S2860
S2860A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Navigation Law
Laws Affected:
Amd §49-a, Nav L; amd §25.24, Pks & Rec L; amd §1192, V & T L
Versions Introduced in 2009-2010 Legislative Cycle:
S2917

Sponsor Memo

BILL NUMBER:S2860A

TITLE OF BILL:

An act
to amend the navigation law, the parks, recreation and historic
preservation law
and the vehicle and traffic law, in relation
to the effect of prior conviction for operation of certain vehicles
while intoxicated upon imposition of penalties for boating while
intoxicated

PURPOSE:

To improve highway, marine and recreational vehicle safety by
increasing the penalties for repeat offenders of laws prohibiting
operation while under the influence of alcohol or drugs.

SUMMARY OF PROVISIONS:

Section One. Names this act "Tiffany Heitkamp's law."

Section Two. Amends Navigation Law § 49-a by adding a new subdivision
14 to deem a prior conviction for operation of a motor vehicle,
snowmobile or all terrain vehicle while under the influence of
alcohol or drugs to be a prior conviction of operating a vessel while
under the influence of alcohol or drugs, for the purpose of imposing
penalties subject to such section.

Section Three. Amends Parks, Recreation and Historic Preservation Law

§ 25.24 by adding a new subdivision 4-a to deem a prior conviction
for operation of a vessel, motor vehicle or all terrain vehicle while
under the influence of alcohol or drugs to be a prior conviction of
operating a snowmobile while under the influence of alcohol or drugs,
for the purpose of imposing penalties subject to such section.

Section Four. Amends Vehicle and Traffic Law § 1192 by adding a new
subdivision 8-b to deem a prior conviction for operation of a vessel,
snowmobile or all terrain vehicle while under the influence of
alcohol or drugs to be a prior conviction of operating a motor
vehicle while under the influence of alcohol or drugs, for the
purpose of imposing penalties subject to such section or § 1193 of
the Vehicle and Traffic Law.

Section Five. Effective date.

JUSTIFICATION:

Reflecting their danger to society, and failure to learn from a past
mistake, repeat offenders of Boating While Intoxicated (BWI),
Snowmobiling While Intoxicated (SWI) and Driving While Intoxicated
(DWI) laws are subject to increased penalties including revocation of
operator privileges, large fines and possible incarceration. However,
because there is no linkage in statute between these offenses, it is
possible to be convicted in separate cases of operating a vessel, a


car, a snowmobile and an all terrain vehicle and be treated as a
first time offender in each instance despite four violations of
similar laws. Several cases have occurred where a SWI offense has
been committed, causing injury and damage losses to others, by a
person whose driving privileges were at the time revoked in
connection with a DWI conviction. The tragic death of Tiffany
Heitkamp is one of these cases. Tiffany, a young Syracuse-area woman,
was killed in July 2006 while traveling as a passenger in a boat
being operated by an intoxicated individual. The individual operating
the boat had a record of alcohol-related automobile incidents.
Because there is currently no link between BWIs, DWIs, and DWIs, this
individual could only be charged as if this were his first BWI.

Providing a link between various laws prohibiting operation while
under the influence will hold violators accountable for a history of
irresponsible behavior operating a powerful and potentially deadly
motorized vehicle.

LEGISLATIVE HISTORY:

1997-98: S.4451
1999-00: S.4217A
2001-02: S.377
2003-04: S.1671
2005-06: S.52
2007-08: S.3271
2009-10: S.2917

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become a law and shall apply to convictions occurring on
and after such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2860--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  GRIFFO,  LARKIN,  LAVALLE, MAZIARZ,
  SALAND -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to the Committee on Transportation -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to amend the navigation law, the parks, recreation and historic
  preservation law and the vehicle and traffic law, in relation  to  the
  effect  of  prior  conviction  for operation of certain vehicles while
  intoxicated upon imposition of penalties for boating while intoxicated

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
"Tiffany Heitkamp's law".
  S 2. Section 49-a of the navigation law is amended  by  adding  a  new
subdivision 14 to read as follows:
  14. EFFECT OF PRIOR CONVICTION FOR OPERATION OF A MOTOR VEHICLE, SNOW-
MOBILE,  OR  ALL TERRAIN VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR
DRUGS. A PRIOR CONVICTION FOR OPERATION OF A MOTOR VEHICLE  WHILE  UNDER
THE  INFLUENCE  OF  ALCOHOL  OR  DRUGS PURSUANT TO SUBDIVISION ONE, TWO,
TWO-A, THREE, FOUR, FOUR-A, FIVE OR SIX OF SECTION ELEVEN HUNDRED  NINE-
TY-TWO  OF THE VEHICLE AND TRAFFIC LAW, A PRIOR CONVICTION FOR OPERATION
OF A SNOWMOBILE ON A STREET OR HIGHWAY  WHILE  UNDER  THE  INFLUENCE  OF
ALCOHOL  OR  DRUGS  PURSUANT  TO SUBDIVISION ONE OF SECTION 25.24 OF THE
PARKS, RECREATION AND HISTORIC PRESERVATION LAW, OR A  PRIOR  CONVICTION
FOR  OPERATION  OF AN ALL TERRAIN VEHICLE WHILE IN AN INTOXICATED CONDI-
TION OR UNDER THE INFLUENCE OF NARCOTICS OR DRUGS PURSUANT TO  PARAGRAPH
(H)  OF SUBDIVISION ONE OF SECTION TWENTY-FOUR HUNDRED FOUR OF THE VEHI-
CLE AND TRAFFIC LAW SHALL BE DEEMED  TO  BE  A  PRIOR  CONVICTION  OF  A
VIOLATION OF ANY SUBDIVISION OF THIS SECTION FOR PURPOSES OF DETERMINING
PENALTIES  IMPOSED  PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
SECTION, AND SHALL BE DEEMED TO BE A PRIOR CONVICTION OF A VIOLATION  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03775-02-1

S. 2860--A                          2

PARAGRAPH  (B),  (C),  (D) OR (E) OF SUBDIVISION TWO OF THIS SECTION FOR
PURPOSES OF DETERMINING PENALTIES IMPOSED PURSUANT TO PARAGRAPH  (F)  OF
SUCH  SUBDIVISION,  AND  SHALL  BE  DEEMED TO BE A PRIOR CONVICTION OF A
VIOLATION  OF  PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION TWO OF THIS
SECTION FOR  PURPOSES  OF  DETERMINING  PENALTIES  IMPOSED  PURSUANT  TO
SUBPARAGRAPH  THREE  OF  PARAGRAPH  (A)  OF  SUBDIVISION  THREE  OF THIS
SECTION.
  S 3.  Section 25.24 of the parks, recreation and historic preservation
law is amended by adding a new subdivision 4-a to read as follows:
  4-A. A PRIOR CONVICTION FOR OPERATION OF  A  VESSEL  WHILE  UNDER  THE
INFLUENCE  OF  ALCOHOL  OR  DRUGS PURSUANT TO SUBDIVISION TWO OF SECTION
FORTY-NINE-A OF THE NAVIGATION LAW, A PRIOR CONVICTION FOR OPERATION  OF
A  MOTOR  VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PURSUANT
TO SUBDIVISION ONE, TWO, TWO-A, THREE, FOUR,  FOUR-A,  FIVE  OR  SIX  OF
SECTION  ELEVEN  HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR A
PRIOR CONVICTION FOR OPERATION OF AN ALL TERRAIN  VEHICLE  WHILE  IN  AN
INTOXICATED  CONDITION  OR  UNDER  THE  INFLUENCE  OF NARCOTICS OR DRUGS
PURSUANT TO PARAGRAPH (H) OF  SUBDIVISION  ONE  OF  SECTION  TWENTY-FOUR
HUNDRED  FOUR  OF  THE  VEHICLE  AND TRAFFIC LAW SHALL BE DEEMED TO BE A
PRIOR CONVICTION OF PARAGRAPH (B), (C), OR (D)  OF  SUBDIVISION  ONE  OF
THIS SECTION OR OF OPERATING A SNOWMOBILE WHILE INTOXICATED OR UNDER THE
INFLUENCE  OF DRUGS FOR PURPOSES OF DETERMINING PENALTIES IMPOSED PURSU-
ANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION AND SUBPARAGRAPH
THREE OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, AND SHALL  BE
DEEMED  TO  BE A PRIOR CONVICTION OF ANY PARAGRAPH OF SUBDIVISION ONE OF
THIS SECTION FOR PURPOSES OF DETERMINING PENALTIES IMPOSED  PURSUANT  TO
SUBPARAGRAPH  ONE  AND  SUBPARAGRAPH TWO OF PARAGRAPH (D) OF SUBDIVISION
SIX OF THIS SECTION.
  S 4. Section 1192 of the vehicle and traffic law is amended by  adding
a new subdivision 8-b to read as follows:
  8-B. EFFECT OF PRIOR CONVICTION FOR OPERATION OF A VESSEL, SNOWMOBILE,
OR  ALL TERRAIN VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. A
PRIOR CONVICTION FOR OPERATION OF A VESSEL WHILE UNDER THE INFLUENCE  OF
ALCOHOL  OR DRUGS PURSUANT TO SUBDIVISION TWO OF SECTION FORTY-NINE-A OF
THE NAVIGATION LAW, A PRIOR CONVICTION FOR OPERATION OF A SNOWMOBILE  ON
A STREET OR HIGHWAY WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PURSU-
ANT  TO  SUBDIVISION  ONE  OF SECTION 25.24 OF THE PARKS, RECREATION AND
HISTORIC PRESERVATION LAW, OR A PRIOR CONVICTION FOR OPERATION OF AN ALL
TERRAIN VEHICLE WHILE IN AN INTOXICATED CONDITION OR UNDER THE INFLUENCE
OF NARCOTICS OR DRUGS PURSUANT TO PARAGRAPH (H) OF  SUBDIVISION  ONE  OF
SECTION TWENTY-FOUR HUNDRED FOUR OF THIS CHAPTER SHALL BE DEEMED TO BE A
PRIOR  CONVICTION  OF A VIOLATION OF SUBDIVISION ONE OF THIS SECTION FOR
PURPOSES OF DETERMINING PENALTIES IMPOSED PURSUANT TO  THIS  SECTION  OR
FOR  PURPOSES OF ANY ADMINISTRATIVE ACTION REQUIRED TO BE TAKEN PURSUANT
TO SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS  ARTI-
CLE.
  S 5. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law and shall apply to convictions occurring on
and after such date.

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