S T A T E O F N E W Y O R K
________________________________________________________________________
7451--B
2011-2012 Regular Sessions
I N A S S E M B L Y
May 4, 2011
___________
Introduced by M. of A. MAGNARELLI, WEISENBERG, JAFFEE, SCHIMMINGER,
ROBERTS, LAVINE, ZEBROWSKI, GUNTHER, ROSENTHAL, GALEF, LINARES, SCHI-
MEL, HOOPER -- Multi-Sponsored by -- M. of A. BOYLAND, GOTTFRIED,
HEVESI, REILLY, P. RIVERA, SWEENEY -- read once and referred to the
Committee on Transportation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
recommitted to the Committee on Transportation in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the navigation 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. Paragraphs (a) and (f) of subdivision 2 of section 49-a of the
navigation law, as amended by chapter 151 of the laws of 2006, are
amended to read as follows:
(a) No person shall operate a vessel upon the waters of the state
while his ability to operate such vessel is impaired by the consumption
of alcohol. A violation of this subdivision shall be an offense and
shall be punishable by a fine of not less than three hundred dollars nor
more than five hundred dollars, or by imprisonment in a penitentiary or
county jail for not more than fifteen days, or by both such fine and
imprisonment. A person who operates a vessel in violation of this subdi-
vision after being convicted of a violation of any subdivision of this
section OR OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THE VEHICLE AND TRAFFIC LAW within the preceding five years shall be
punished by a fine of not less than five hundred dollars nor more than
seven hundred fifty dollars, or by imprisonment of not more than thirty
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03775-04-2
A. 7451--B 2
days in a penitentiary or county jail or by both such fine and imprison-
ment. A person who operates a vessel in violation of this subdivision
after being convicted two or more times of a violation of any subdivi-
sion of this section, OR OF A VIOLATION OF ANY SUBDIVISION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR OF ANY
COMBINATION OF TWO OR MORE SUCH CONVICTIONS NOT ARISING OUT OF THE SAME
INCIDENT within the preceding ten years shall be guilty of a misdemea-
nor, and shall be punished by a fine of not less than seven hundred
fifty dollars nor more than fifteen hundred dollars, or by imprisonment
of not more than one hundred eighty days in a penitentiary or county
jail or by both such fine and imprisonment.
(f) A violation of paragraph (b), (c), (d) or (e) of this subdivision
shall be a misdemeanor and shall be punishable by imprisonment in a
penitentiary or county jail for not more than one year, or by a fine of
not less than five hundred dollars nor more than one thousand dollars,
or by both such fine and imprisonment. A person who operates a vessel in
violation of paragraph (b), (c), (d) or (e) of this subdivision after
having been convicted of a violation of paragraph (b), (c), (d) or (e)
of this subdivision, or of operating a vessel or public vessel while
intoxicated or while under the influence of drugs, OR OF SUBDIVISION
TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO
OF THE VEHICLE AND TRAFFIC LAW within the preceding ten years, shall be
guilty of a class E felony and shall be punished by a period of impri-
sonment as provided in the penal law, or by a fine of not less than one
thousand dollars nor more than five thousand dollars, or by both such
fine and imprisonment. A person who operates a vessel in violation of
paragraph (b), (c), (d) or (e) of this subdivision after having been
twice convicted of a violation of any of such paragraph (b), (c), (d) or
(e) of this subdivision or of operating a vessel or public vessel while
intoxicated or under the influence of drugs, OR OF A VIOLATION OF SUBDI-
VISION TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINE-
TY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR OF ANY COMBINATION OF TWO SUCH
CONVICTIONS NOT ARISING OUT OF THE SAME INCIDENT within the preceding
ten years, shall be guilty of a class D felony and shall be punished by
a fine of not less than two thousand dollars nor more than ten thousand
dollars or by a period of imprisonment as provided in the penal law, or
by both such fine and imprisonment.
S 3. Subparagraph 3 of paragraph (a) of subdivision 3 of section 49-a
of the navigation law, as added by chapter 805 of the laws of 1992, is
amended to read as follows:
(3) a period of twenty-four months where a person is convicted of a
violation of paragraph (b), (c), (d) or (e) of subdivision two of this
section after having been convicted of a violation of paragraph (b),
(c), (d) or (e) of subdivision two of this section or of operating a
vessel or public vessel while intoxicated or under the influence of
drugs OR OF A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR FOUR-A
OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW
within the preceding ten years.
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.