Assembly Bill A2262

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

                                 2262--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. STIRPE, DelMONTE, KOON, SPANO, EDDINGTON, MAGNAR-
  ELLI, FIELDS, ERRIGO, FINCH, ESPAILLAT, BACALLES -- Multi-Sponsored by
  --  M.  of A.  ABBATE, BARCLAY, BRENNAN, BROOK-KRASNY, CALHOUN, CHRIS-
  TENSEN, COLTON, CONTE,  CROUCH,  CYMBROWITZ,  DUPREY,  GALEF,  GIGLIO,
  GLICK,  GUNTHER,  HIKIND,  MAGEE,  McENENY, MILLMAN, PHEFFER, RABBITT,
  REILLY, ROSENTHAL, SAYWARD, SCHIMEL, WALKER, WEISENBERG --  read  once
  and   referred   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, in relation to penalties for persons
  leaving the scene of a boating accident

  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  added  by chapter 587 of the laws of 2003, 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 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  [involv-
ing  personal  injury to another person] after a conviction for [a] SUCH
violation [of such paragraph] within  the  preceding  five  years  shall
constitute  a  class A misdemeanor 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 opera-
tor to provide the name and address of the vessel owner and/or the iden-
tification number of the vessel, SHALL CONSTITUTE A CLASS A MISDEMEANOR,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05045-03-9
              

A. 2262--A                          2

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 FELONY,
PUNISHABLE BY A FINE OF NOT LESS 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  IDENTIFICA-
TION  NUMBER  OF  THE  VESSEL    where  the personal injury involved (I)
results in [death or] serious physical injury,  as  defined  in  section
10.00  of  the  penal  law,  or where a person has disappeared under the
water as the result of the incident shall constitute a class E felony OR
(II) RESULTS IN DEATH SHALL CONSTITUTE A CLASS D FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a  law  and  shall  apply  to
violations occurring on and after such date.