LBD01429-01-3
S. 771 2
ing ten years shall be guilty of a misdemeanor, 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.
(b) No such person shall operate a vessel other than a public vessel
while he OR SHE has .08 of one per centum or more by weight of alcohol
in his OR HER blood, breath, urine, or saliva, as determined by the
chemical test made pursuant to the provisions of subdivision seven of
this section.
(B-1) NO PERSON SHALL OPERATE A VESSEL WHILE SUCH PERSON HAS A .18 OF
ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD AS
SHOWN BY CHEMICAL ANALYSIS OF SUCH PERSON'S BLOOD, BREATH, URINE OR
SALIVA MADE PURSUANT TO THE PROVISIONS OF SUBDIVISION SEVEN OF THIS
SECTION.
(B-2) NO PERSON SHALL OPERATE A VESSEL IN VIOLATION OF PARAGRAPH (B)
OF THIS SUBDIVISION WHILE A CHILD WHO IS FIFTEEN YEARS OF AGE OR LESS IS
A PASSENGER IN SUCH VESSEL.
(c) No such person shall operate a public vessel while he OR SHE has
.04 of one per centum or more by weight of alcohol in his OR HER blood,
breath, urine, or saliva, as determined by the chemical test made pursu-
ant to the provisions of subdivision seven of this section.
(d) No person shall operate a vessel while he OR SHE is in an intoxi-
cated condition.
(e) No person shall operate a vessel while his OR HER ability to oper-
ate such vessel is impaired by the use of a drug as defined by section
one hundred fourteen-a of the vehicle and traffic law.
(E-1) NO PERSON SHALL OPERATE A VESSEL WHILE THE PERSON'S ABILITY TO
OPERATE SUCH VESSEL IS IMPAIRED BY THE COMBINED INFLUENCE OF DRUGS OR OF
ALCOHOL AND ANY DRUG OR DRUGS. FOR THE PURPOSES OF THIS PARAGRAPH, DRUG
SHALL HAVE THE SAME MEANING AS IN SECTION ONE HUNDRED FOURTEEN-A OF THE
VEHICLE AND TRAFFIC LAW.
(f) A violation of paragraph (b), (c), (d) [or], (e) OR (E-1) of this
subdivision shall be a misdemeanor and shall be punishable by imprison-
ment 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 VIOLATION OF PARA-
GRAPH (B-1) 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 ONE THOUSAND DOLLARS NOR
MORE THAN TWO THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT. A
VIOLATION OF PARAGRAPH (B-2) OF THIS SUBDIVISION SHALL BE A CLASS E
FELONY. A person who operates a vessel in violation of paragraph (b),
(B-1), (c), (d) [or], (e) OR (E-1) of this subdivision after having been
convicted of a violation of paragraph (b), (B-1), (B-2), (c), (d) [or],
(e) OR (E-1) of this subdivision, or of operating a vessel or public
vessel while intoxicated or while under the influence of drugs, within
the preceding ten years, shall be guilty of a class E felony and shall
be punished by a period of imprisonment as provided in the penal law, or
by a fine of not less than one thousand dollars nor more than five thou-
sand dollars, or by both such fine and imprisonment. A PERSON WHO OPER-
ATES A VESSEL IN VIOLATION OF PARAGRAPH (B-2) OF THIS SUBDIVISION AFTER
HAVING BEEN CONVICTED OF A VIOLATION OF PARAGRAPH (B), (B-1), (B-2),
(C), (D), (E) OR (E-1) OF THIS SUBDIVISION, OR OF OPERATING A VESSEL OR
PUBLIC VESSEL WHILE INTOXICATED OR WHILE UNDER THE INFLUENCE OF DRUGS,
WITHIN THE PRECEDING TEN YEARS, SHALL BE GUILTY OF A CLASS D FELONY. A
S. 771 3
person who operates a vessel in violation of paragraph (b), (B-1), (c),
(d) [or], (e) OR (E-1) of this subdivision after having been twice
convicted of a violation of any of such paragraph (b), (B-1), (B-2),
(c), (d) [or], (e) (E-1) of this subdivision or of operating a vessel or
public vessel while intoxicated or under the influence of drugs, 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. A PERSON WHO
OPERATES A VESSEL IN VIOLATION OF PARAGRAPH (B-2) OF THIS SUBDIVISION
AFTER HAVING BEEN TWICE CONVICTED OF A VIOLATION OF PARAGRAPH (B),
(B-1), (B-2), (C), (D), (E) OR (E-1) OF THIS SUBDIVISION, OR OF OPERAT-
ING A VESSEL OR PUBLIC VESSEL WHILE INTOXICATED OR WHILE UNDER THE
INFLUENCE OF DRUGS, WITHIN THE PRECEDING TEN YEARS, SHALL BE GUILTY OF A
CLASS C FELONY.
3. Privilege to operate a vessel; suspensions. (a) The court shall
suspend a person's privilege to operate a vessel and may suspend a
vessel registration for:
(1) a period of at least six but less than twelve months where an
operator is convicted of a violation of paragraph (a) of subdivision two
of this section. In determining the length of such suspension or suspen-
sions, the court may take into consideration the seriousness of the
offense and may impose a period of suspension whereby such suspension
may be in effect during a portion of the current or subsequent boating
season;
(2) a period of twelve months where an operator is convicted of a
violation of paragraph (b), (B-1), (c), (d) [or], (e) (E-1) of subdivi-
sion two of this section;
(3) a period of twenty-four months where a person is convicted of a
violation of paragraph (B-2) OF SUBDIVISION TWO OF THIS SECTION, OR
WHERE A PERSON IS CONVICTED OF A VIOLATION OF PARAGRAPH (b), (B-1), (c),
(d) [or], (e) OR (E-1) of subdivision two of this section after having
been convicted of a violation of paragraph (b), (B-1), (B-2), (c), (d)
[or], (e) OR (E-1) of subdivision two of this section or of operating a
vessel or public vessel while intoxicated or under the influence of
drugs within the preceding ten years[.];
(4) A PERIOD OF THIRTY MONTHS WHERE A PERSON IS CONVICTED OF A
VIOLATION OF PARAGRAPH (B-2) OF SUBDIVISION TWO OF THIS SECTION AFTER
HAVING BEEN CONVICTED OF A VIOLATION OF PARAGRAPH (B), (B-1), (B-2),
(C), (D), (E) OR (E-1) OF SUBDIVISION TWO OF THIS SECTION OR OF OPERAT-
ING A VESSEL OR PUBLIC VESSEL WHILE INTOXICATED OR UNDER THE INFLUENCE
OF DRUGS WITHIN THE PRECEDING TEN YEARS;
(5) A PERIOD OF AT LEAST SIX BUT LESS THAN TWELVE MONTHS, WHERE SUCH
PERSON IS CONVICTED OF A VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW. WHERE THE COURT
DETERMINES THAT THE PERIOD OF SUSPENSION IMPOSED PURSUANT TO THIS
SUBPARAGRAPH WOULD EXTEND BEYOND THE CURRENT BOATING SEASON, THE COURT
MAY DIRECT THAT ANY PORTION OF SUCH SUSPENSION PERIOD TAKE EFFECT DURING
THE FOLLOWING BOATING SEASON;
(6) A PERIOD OF TWELVE MONTHS, WHERE SUCH PERSON IS CONVICTED OF A
VIOLATION OF SUBDIVISION TWO, THREE, FOUR OR FOUR-A OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW. WHERE THE COURT
DETERMINES THAT THE PERIOD OF SUSPENSION IMPOSED PURSUANT TO THIS
SUBPARAGRAPH WOULD EXTEND BEYOND THE CURRENT BOATING SEASON, THE COURT
MAY DIRECT THAT ANY PORTION OF SUCH SUSPENSION PERIOD TAKE EFFECT DURING
THE FOLLOWING BOATING SEASON;
S. 771 4
(7) A PERIOD OF TWENTY-FOUR MONTHS WHERE SUCH PERSON IS CONVICTED OF A
VIOLATION OF SUBDIVISION TWO-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THE VEHICLE AND TRAFFIC LAW OR A VIOLATION OF SUBDIVISION TWO, THREE,
FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
TRAFFIC LAW COMMITTED WITHIN TEN YEARS OF A CONVICTION FOR A VIOLATION
OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW. WHERE THE COURT
DETERMINES THAT THE PERIOD OF SUSPENSION IMPOSED PURSUANT TO THIS
SUBPARAGRAPH WOULD EXTEND BEYOND THE CURRENT BOATING SEASON, THE COURT
MAY DIRECT THAT ANY PORTION OF SUCH SUSPENSION PERIOD TAKE EFFECT DURING
THE FOLLOWING BOATING SEASON; OR
(8) A PERIOD OF THIRTY MONTHS, WHERE SUCH PERSON IS CONVICTED OF A
VIOLATION OF SUBDIVISION TWO-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THE VEHICLE AND TRAFFIC LAW COMMITTED WITHIN TEN YEARS OF A CONVICTION
FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR FOUR-A OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW. WHERE
THE COURT DETERMINES THAT THE PERIOD OF SUSPENSION IMPOSED PURSUANT TO
THIS SUBPARAGRAPH WOULD EXTEND BEYOND THE CURRENT BOATING SEASON, THE
COURT MAY DIRECT THAT ANY PORTION OF SUCH SUSPENSION TAKE EFFECT DURING
SUBSEQUENT BOATING SEASONS.
(b) The court shall report each conviction recorded pursuant to this
section to the commissioner of motor vehicles and the commissioner of
parks, recreation and historic preservation on forms provided by the
department of motor vehicles. Such reports shall include the length of
any suspension imposed on the privilege to operate a vessel and any
suspension imposed against a vessel registration. The department of
motor vehicles shall maintain a record of all convictions and suspen-
sions in order to effectuate the provisions of this section.
3-A. ADDITIONAL SANCTIONS; SUSPENSION OF MOTOR VEHICLE DRIVER'S
LICENSE AND MOTOR VEHICLE REGISTRATION. IN ADDITION TO ANY OTHER SANC-
TION IMPOSED PURSUANT TO THIS SECTION, A COURT SHALL SUSPEND A LICENSE
TO DRIVE A MOTOR VEHICLE, AND A MOTOR VEHICLE REGISTRATION MAY ALSO BE
SUSPENDED PURSUANT TO PARAGRAPHS L, M AND N OF SUBDIVISION THREE OF
SECTION FIVE HUNDRED TEN OF THE VEHICLE AND TRAFFIC LAW.
5. Sentencing limitations. Notwithstanding any provision of the penal
law, no judge or magistrate shall impose a sentence of unconditional
discharge for a violation of paragraph (b), (B-1), (B-2), (c), (d) [or],
(e) OR (E-1) of subdivision two of this section nor shall he or she
impose a sentence of conditional discharge unless such conditional
discharge is accompanied by a sentence of a fine as provided in this
section.
(a) Any person who operates a vessel on the waters of the state shall
be requested to consent to a chemical test of one or more of the follow-
ing: breath, blood, urine, or saliva for the purpose of determining the
alcoholic or drug content of his OR HER blood, provided that such test
is administered at the direction of a police officer: (1) having reason-
able cause to believe such person to have been operating in violation of
this subdivision or paragraph (a), (b), (B-1), (B-2), (c), (d) [or], (e)
OR (E-1) of subdivision two of this section and within two hours after
such person has been placed under arrest for any such violation or (2)
within two hours after a breath test as provided in paragraph (b) of
subdivision six of this section indicates that alcohol has been consumed
by such person and in accordance with the rules and regulations estab-
lished by the police force of which the officer is a member.
11. Limitations. (a) A vessel operator may be convicted of a violation
of [paragraphs] PARAGRAPH (a), (b), (B-1), (B-2), (d) [and], (e) OR
S. 771 5
(E-1) of subdivision two of this section, notwithstanding that the
charge laid before the court alleged a violation of paragraph (b),
(B-1), (B-2), (d) [or], (e) OR (E-1) of subdivision two of this section,
and regardless of whether or not such condition is based on a plea of
guilty.
(b) In any case wherein the charge laid before the court alleges a
violation of paragraph (b), (B-1), (B-2), (c), (d) [or], (e) OR (E-1) of
subdivision two of this section, any plea of guilty thereafter entered
in satisfaction of such charge must include at least a plea of guilty to
the violation of the provisions of one of the paragraphs of such subdi-
vision two and no other disposition by plea of guilty to any other
charge in satisfaction of such charge shall be authorized; provided,
however, if the district attorney upon reviewing the available evidence
determines that the charge of a violation of subdivision two of this
section is not warranted, he OR SHE may consent, and the court may allow
a disposition by plea of guilty to another charge in satisfaction of
such charge.
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 PARAGRAPH OF SUBDIVISION TWO 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), (B-1), (C), (D), (E) OR
(E-1) 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), (B-1), (B-2), (C), (D), (E) OR (E-1) OF SUBDIVISION TWO OF THIS
SECTION FOR PURPOSES OF DETERMINING PENALTIES IMPOSED PURSUANT TO
SUBPARAGRAPH THREE OR FOUR OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
SECTION.
S 2. 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. PRIOR CONVICTIONS. 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-
S. 771 6
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 3. Section 1193 of the vehicle and traffic law is amended by adding
a new subdivision 1-b to read as follows:
1-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 TWO OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THIS ARTICLE FOR PURPOSES OF DETERMINING PENALTIES
IMPOSED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF 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 4. Paragraph k of subdivision 3 of section 510 of the vehicle and
traffic law, as amended by chapter 124 of the laws of 1992, is amended,
and three new paragraphs l, m and n are added to read as follows:
k. for a period of up to ninety days because of the conviction of the
holder of the offenses of menacing as defined in section 120.15 of the
penal law, where such offense was committed against a traffic enforce-
ment agent employed by the city of New York or the city of Buffalo while
such agent was enforcing or attempting to enforce the traffic regu-
lations of such city[.];
1. FOR A PERIOD OF FORTY-FIVE DAYS WHERE THE HOLDER IS CONVICTED OF A
VIOLATION OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION FORTY-NINE-A
OF THE NAVIGATION LAW AND SUCH SUSPENSION IS ORDERED PURSUANT TO SUBDI-
VISION THREE-A OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW;
M. FOR A PERIOD OF NINETY DAYS WHERE THE HOLDER IS CONVICTED OF A
VIOLATION OF PARAGRAPH (B), (B-1), (C), (D), (E) OR (E-1) OF SUBDIVISION
TWO OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW AND SUCH SUSPENSION IS
ORDERED PURSUANT TO SUBDIVISION THREE-A OF SECTION FORTY-NINE-A OF THE
NAVIGATION LAW;
N. FOR A PERIOD OF ONE HUNDRED AND EIGHTY DAYS WHERE THE HOLDER IS
CONVICTED OF A VIOLATION OF PARAGRAPH (B-2) OF SUBDIVISION TWO OF
SECTION FORTY-NINE-A OF THE NAVIGATION LAW AND SUCH SUSPENSION IS
ORDERED PURSUANT TO SUBDIVISION THREE-A OF SECTION FORTY-NINE-A OF THE
NAVIGATION LAW.
S 5. Section 1193 of the vehicle and traffic law is amended by adding
a new subdivision 3 to read as follows:
3. SUSPENSION OF PRIVILEGE TO OPERATE A VESSEL. IN ADDITION TO ANY
OTHER SANCTION IMPOSED PURSUANT TO THIS SECTION, A PERSON'S PRIVILEGE TO
OPERATE A VESSEL SHALL BE SUSPENDED, AND A VESSEL REGISTRATION MAY BE
SUSPENDED, FOLLOWING A CONVICTION UNDER SECTION ELEVEN HUNDRED
NINETY-TWO OF THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF SUBPARA-
S. 771 7
GRAPHS FIVE, SIX, SEVEN AND EIGHT OF PARAGRAPH (A) OF SUBDIVISION THREE
OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW.
S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to convictions occurring on
and after such date.