S T A T E   O F   N E W   Y O R K
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                                  3804

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI, WEISENBERG, JAFFEE, SCHIMMINGER,
  ROBERTS, LAVINE, ZEBROWSKI, GUNTHER, ROSENTHAL, GALEF, SCHIMEL, HOOPER
  -- Multi-Sponsored by -- M. of A. BOYLAND, GOTTFRIED, SWEENEY --  read
  once and referred to the Committee on Transportation

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01503-01-3
              

A. 3804                             2

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.