senate Bill S5398

2013-2014 Legislative Session

Relates to operating a vessel while under the influence of alcohol or drugs

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Archive: Last Bill Status - In Committee


  • 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
Jun 21, 2013 committed to rules
Jun 04, 2013 advanced to third reading
Jun 03, 2013 2nd report cal.
May 30, 2013 1st report cal.835
May 16, 2013 referred to transportation

Votes

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May 30, 2013 - Transportation committee Vote

S5398
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Transportation Committee Vote: May 30, 2013

excused (1)

S5398 - Bill Details

See Assembly Version of this Bill:
A7539
Current Committee:
Law Section:
Navigation Law
Laws Affected:
Amd ยง49-a, Nav L

S5398 - Bill Texts

view summary

Relates to operating a vessel while under the influence of alcohol or drugs; provides that no person shall operate a vessel while such person has .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.

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BILL NUMBER:S5398

TITLE OF BILL:
An act
to amend the navigation law,
in relation to operating a vessel while
under the influence of alcohol or drugs

PURPOSE: This bill updates provisions of the
Navigation Law to be
consistent with the Vehicle and Traffic Law including aggravated BWI
(.18 BAC), operating with a child passenger, and operating under the
combined influence of drugs and alcohol

SUMMARY OF PROVISIONS:

Section 1 amends section 49-a of the Navigation Law to add provisions
prohibiting aggravated BWI (.18 blood alcohol content), operating
intoxicated with a child passenger, as well as operating under the
combined influence of drugs and alcohol.

Section 2 provides that this act shall take effect 180 days after it
shall have become law.

EXISTING LAW:
Currently, Navigation Law section 49-a is not in parity with VTL
section 1192. It does not include provisions for aggravated
intoxicated operation, operating intoxicated with a child passenger,
and operating under the combined influence of drugs and alcohol.

JUSTIFICATION:
Current statistics show that one in every five boating accidents
involve the use of alcohol. This bill seeks to make clear that
operation of any vehicle while intoxicated is a serious offense. To
that end, this bill updates provisions of the Navigation Law to be
consistent with the Vehicle and Traffic Law including aggravated BWI
- .18 BAC and operating with a child passenger, and links the
penalties for multiple intoxicated operation convictions across all
types of vehicles. This legislation makes clear that the privilege to
operate any vehicle in New York State is contingent upon an
operator's ability to demonstrate his or her responsibility to
operate sober, and that in failing to do so, an individual is
jeopardizing his or her privilege to operate any vehicle.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: 180 days.

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

                                  5398

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN  ACT  to  amend the navigation law, in relation to operating a vessel
  while under the influence of alcohol or drugs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  2, 3, 5, paragraph (a) of subdivision 7 and
subdivision 11 of section 49-a of the navigation law, as added by  chap-
ter  805 of the laws of 1992, subdivision 2 as amended by chapter 151 of
the laws of 2006 and subparagraph 1 of paragraph (a) of subdivision 3 as
amended by chapter 599 of the laws of  2008,  are  amended  to  read  as
follows:
  2.  Offenses: criminal penalties. (a) No person shall operate a vessel
upon the waters of the state while his OR HER ability  to  operate  such
vessel  is  impaired  by the consumption of alcohol. A violation of this
[subdivision] PARAGRAPH 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 [subdivision] PARAGRAPH after
being  convicted  of  a violation of any [subdivision] PARAGRAPH of this
[section] SUBDIVISION 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 imprisonment.
A person who operates a vessel in violation of this [subdivision]  PARA-
GRAPH  after  being  convicted  two  or more times of a violation of any
[subdivision] PARAGRAPH of this [section] SUBDIVISION within the preced-
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10988-01-3

S. 5398                             2

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
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),

S. 5398                             3

(c), (d) [or], (e) OR (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 PARA-
GRAPH (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 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) OR (E-1) of subdi-
vision 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[.]; OR
  (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.
  (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.
  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-

S. 5398                             4

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
(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.
  S 2. 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.

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