senate Bill S339

Increases the penalties for persons leaving the scene of a boating accident

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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

  • 09 / Jan / 2013
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 21 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / May / 2013
    • ORDERED TO THIRD READING CAL.708
  • 22 / May / 2013
    • PASSED SENATE
  • 22 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 22 / May / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 30 / Apr / 2014
    • 1ST REPORT CAL.475
  • 05 / May / 2014
    • 2ND REPORT CAL.
  • 06 / May / 2014
    • ADVANCED TO THIRD READING
  • 12 / May / 2014
    • PASSED SENATE
  • 12 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / May / 2014
    • REFERRED TO TRANSPORTATION

Summary

Increases the penalties for persons leaving the scene of a boating accident.

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Bill Details

See Assembly Version of this Bill:
A488
Versions:
S339
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Navigation Law
Laws Affected:
Amd ยงยง47, 73-c & 47-b, Nav L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3760, A7450
2009-2010: S4311

Sponsor Memo

BILL NUMBER:S339 REVISED 1/11/13

TITLE OF BILL: An act to amend the navigation law, in relation to
increasing the penalties for persons leaving the scene of a boating
accident without making a report

PURPOSE: This legislation increases the penalties for the crime of
leaving the scene of a boating accident and makes the penalties consist-
ent with the similar crime concerning automobiles. Additionally, this
bill increases the penalties for failing to make a report to the Trans-
portation Commissioner after a boating accident.

SUMMARY OF PROVISIONS:

Section 1 -- Amends paragraph (b) of subdivision 2 of section 47 of the
Navigation Law and increases the penalties for leaving the scene of a
boating accident when a person knows or should know there has been an
injury to another person. A first offense shall be increased from a B to
an A misdemeanor and a second offense within five years of the first
offense shall be increased from an A misdemeanor to an E felony.

Section 2 - Amends subdivision 2 of section 73-c of the Navigation Law
and increases the penalties for the crime of leaving the scene of a
boating accident without reporting. A first offense shall be a B misde-
meanor and a second offense committed within twenty-four months of the
first shall be an A misdemeanor. Additionally, if a third offense is
committed and all three offenses are committed within twenty-four
months, then the third offense shall be punished as an E felony.

Section 3 -- Amends section 47-b of the Navigation Law and increases the
penalty for failing to report to the Transportation Commissioner after a
boating accident. This amendment increases the penalty from a violation
to an A misdemeanor.

Section 4 -- Effective date.

JUSTIFICATION: During the summer of 2007, two tragic boating accidents
occurred on Central New York lakes. After both accidents, the irrespon-
sible boaters who were the cause of the accidents left the accident
scenes without even attempting to help the injured boaters, find assist-
ance, or notify the authorities.

Sadly, the penalties that can be imposed for leaving the scene of a
boating accident are weak and not even consistent with the penalties
that can be imposed for similar crimes that occur on roadways.

This is illogical, inconsistent, and must be changed. This legislation
increases the penalties for leaving the scene of a boating accident and
makes the penalties consistent with the penalties that can be imposed
for leaving the scene of a motor vehicle accident.

LEGISLATIVE HISTORY: S.3760/A.7450 of 2011-2012 S.4311 of 2009-2010
S.6657 of 2008 (Passed Senate)

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: November 1 next succeeding the date on which this act
shall have become a law.

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

                                   339

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the  Committee  on  Cultural  Affairs,
  Tourism, Parks and Recreation

AN ACT to amend the navigation law, in relation to increasing the penal-
  ties  for  persons  leaving  the  scene  of a boating accident without
  making a report

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

  Section 1. Paragraph (b) of subdivision 2 of section 47 of the naviga-
tion  law,  as amended by chapter 297 of the laws of 2009, is amended to
read as follows:
  (b) The first violation of the provisions of  paragraph  (a)  of  this
subdivision involving personal injury to another person resulting solely
from the failure of a vessel operator to provide the name and address of
the  vessel  owner  and/or the identification number of the vessel shall
constitute a class [B] A misdemeanor punishable by a fine  of  not  less
than two hundred fifty nor more than five hundred dollars in addition to
any other penalties provided by law. Any subsequent such violation after
a  conviction  for  such violation within the preceding five years shall
constitute a class [A misdemeanor] E FELONY punishable by a fine of  not
less than five hundred nor more than one thousand dollars in addition to
any  other penalties provided by law. Any violation of the provisions of
paragraph (a) of this subdivision, other than  the  mere  failure  of  a
vessel  operator  to  provide  the  name and address of the vessel owner
and/or the identification number of the vessel, shall constitute a class
[A misdemeanor] E FELONY, punishable by a fine of  not  less  than  five
hundred  nor  more  than  one  thousand dollars in addition to any other
penalties provided by law. Any such  violation  committed  by  a  person
after  such  person  has  previously  been convicted of such a violation
shall constitute a class [E] D felony, punishable by a fine of not  less

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01502-01-3

S. 339                              2

than  one  thousand  nor  more than two thousand five hundred dollars in
addition to any other penalties provided by law. Any  violation  of  the
provisions  of  paragraph  (a)  of this subdivision, other than the mere
failure  of  a  vessel  operator  to provide the name and address of the
vessel owner and/or the identification number of the  vessel  where  the
personal  injury  involved  (i)  results  in serious physical injury, as
defined in section 10.00 of the penal law, or where a person has  disap-
peared  under the water as the result of the incident shall constitute a
class [E] D felony or (ii) results in death shall constitute a class [D]
C felony.
  S 2. Subdivision 2 of section 73-c of the navigation law,  as  amended
by chapter 320 of the laws of 2007, is amended to read as follows:
  2. Every person convicted of a violation for a violation of any of the
provisions  of  this  article  or of any ordinance, order, rule or regu-
lation adopted pursuant to this article for which another penalty is not
provided shall for a first conviction thereof [be punished] CONSTITUTE A
CLASS B MISDEMEANOR PUNISHABLE by a fine of not less  than  one  hundred
nor more than two hundred fifty dollars [or by imprisonment for not more
than  seven  days  or by both such fine and imprisonment] IN ADDITION TO
ANY OTHER PENALTIES PROVIDED BY  LAW;  for  a  conviction  of  a  second
violation,  both  of which were committed within a period of twenty-four
months, such [person shall be punished] CONVICTION  SHALL  CONSTITUTE  A
CLASS  A  MISDEMEANOR  PUNISHABLE by a fine of not less than two hundred
fifty nor more than five hundred dollars [or by imprisonment of not more
than fifteen days or by both such fine and imprisonment] IN ADDITION  TO
ANY  OTHER  PENALTIES  PROVIDED BY LAW; upon a conviction for a third or
subsequent violation, all of which were committed  within  a  period  of
twenty-four months, such [person] CONVICTION shall [be punished] CONSTI-
TUTE A CLASS E FELONY PUNISHABLE by a fine of not less than five hundred
nor more than one thousand dollars [or by imprisonment for not more than
thirty  days  or  by both such fine and imprisonment] IN ADDITION TO ANY
OTHER PENALTIES PROVIDED BY LAW.
  S 3. Section 47-b of the navigation law, as added by  chapter  587  of
the laws of 2003, is amended to read as follows:
  S  47-b.  Report  to  the  commissioner  required upon accident. Every
person operating a vessel, including, but not limited to,  rowboats  and
canoes,  upon  the navigable waters of the state, or on any other waters
within the boundaries of the state, which is in any manner  involved  in
an  accident, in which any person is killed, injured or disappears under
the water, or in which damage to the property of any one person, includ-
ing himself or herself, in excess of one thousand dollars  is  sustained
shall,  within five days after such accident, report the matter in writ-
ing to the commissioner. If the owner is not involved in  such  accident
or is incapacitated, the owner shall, within five days after learning of
the  facts  of  such  accident,  report  the  matter to the commissioner
together with such information as may have come to the owner's knowledge
relating to such accident. Every such operator of a vessel, or surviving
participant in any such accident, or the owner of the vessel involved in
any such accident, shall make such other and additional reports  as  the
commissioner may require. A violation of this section shall constitute a
[violation]  CLASS  A  MISDEMEANOR punishable by a fine of not less than
twenty-five nor more than one hundred dollars. Nothing contained in this
section shall be deemed to supersede the provisions  of  section  forty-
seven of this article.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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