senate Bill S3760

2011-2012 Legislative Session

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

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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

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2012 referred to transportation
delivered to assembly
passed senate
ordered to third reading cal.1406
committee discharged and committed to rules
Mar 20, 2012 reported and committed to codes
Jan 04, 2012 referred to cultural affairs, tourism, parks and recreation
returned to senate
died in assembly
May 25, 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.339
Mar 03, 2011 referred to cultural affairs, tourism, parks and recreation

Votes

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Jun 20, 2012 - Rules committee Vote

S3760
25
0
committee
25
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Mar 20, 2012 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S3760
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Cultural Affairs, Tourism, Parks and Recreation committee vote details

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Mar 20, 2012

Apr 12, 2011 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S3760
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Cultural Affairs, Tourism, Parks and Recreation committee vote details

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Apr 12, 2011

excused (1)

Co-Sponsors

S3760 - Bill Details

See Assembly Version of this Bill:
A7450
Current Committee:
Law Section:
Navigation Law
Laws Affected:
Amd ยงยง47, 73-c & 47-b, Nav L
Versions Introduced in 2009-2010 Legislative Session:
S4311

S3760 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S3760

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 consistent with
the similar crime concerning automobiles. Additionally, this bill
increases the penalties for failing to make a report to the
Transportation 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 an A
misdemeanor and a second offense within five years of the first
offense, shall be 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 misdemeanor 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 irresponsible
boaters who were the cause of the accidents left the accident scenes
without even attempting to help the injured boaters, find assistance,
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.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.

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

                                  3760

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced  by  Sens.  DeFRANCISCO, JOHNSON, LARKIN, RANZENHOFER -- 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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09685-01-1

S. 3760                             2

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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