senate Bill S2860A

2011-2012 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 14, 2012 referred to transportation
delivered to assembly
passed senate
Feb 13, 2012 advanced to third reading
Feb 07, 2012 2nd report cal.
Feb 06, 2012 1st report cal.173
Jan 04, 2012 referred to transportation
returned to senate
died in assembly
Jun 06, 2011 referred to transportation
delivered to assembly
passed senate
May 02, 2011 advanced to third reading
Apr 13, 2011 2nd report cal.
Apr 12, 2011 1st report cal.372
Apr 07, 2011 print number 2860a
amend and recommit to transportation
Feb 02, 2011 referred to transportation

Votes

view votes

Feb 6, 2012 - Transportation committee Vote

S2860A
17
0
committee
17
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Apr 12, 2011 - Transportation committee Vote

S2860A
15
0
committee
15
Aye
0
Nay
2
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: Apr 12, 2011

aye wr (2)
excused (2)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2860 - Bill Details

Current Committee:
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 Session:
S2917

S2860 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2860

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 BWI 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 SWIs, 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:
S.4451 of 1997-98; S.4217-A of 1999-2000; S.377 of 2001-02; S.1671
of 2003-04; S.52 of 2005-2006; S.3271-2007-08; S.2917-2009-10.

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

                                  2860

                       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

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,
THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-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 HISTOR-
IC 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 THE VEHICLE 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03775-01-1

S. 2860                             2

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 DETERMIN-
ING 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, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINE-
TY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR A PRIOR CONVICTION FOR  OPERA-
TION  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 SNOWMO-
BILE  WHILE  INTOXICATED OR UNDER THE INFLUENCE OF DRUGS FOR PURPOSES OF
DETERMINING PENALTIES IMPOSED PURSUANT TO PARAGRAPH (E)  OF  SUBDIVISION
ONE  OF THIS SECTION AND SUBPARAGRAPH THREE OF PARAGRAPH (A) OF SUBDIVI-
SION 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  SUBPARA-
GRAPH 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.

Co-Sponsors

view additional co-sponsors

S2860A (ACTIVE) - Bill Details

Current Committee:
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 Session:
S2917

S2860A (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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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