S T A T E O F N E W Y O R K
________________________________________________________________________
7450
2011-2012 Regular Sessions
I N A S S E M B L Y
May 4, 2011
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Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Transportation
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 added 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
than one thousand nor more than two thousand five hundred dollars in
addition to any other penalties provided by law. Any violation of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09685-01-1
A. 7450 2
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.