senate Bill S771

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2013 committed to rules
Feb 05, 2013 advanced to third reading
Feb 04, 2013 2nd report cal.
Jan 29, 2013 1st report cal.14
Jan 09, 2013 referred to transportation

Votes

view votes

Jan 29, 2013 - Transportation committee Vote

S771
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Co-Sponsors

view additional co-sponsors

S771 - Bill Details

See Assembly Version of this Bill:
A2720
Current Committee:
Law Section:
Navigation Law
Laws Affected:
Amd §49-a, Nav L; amd §25.24, Pks & Rec L; amd §§1193 & 510, V & T L
Versions Introduced in 2011-2012 Legislative Session:
S7827, A10804

S771 - 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; provided, further, that no person shall operate a vessel in violation of paragraph (b) of this section while a child who is fifteen years of age or less is a passenger in such vessel; relates to the effect of prior convictions for operation of certain vehicles while intoxicated upon imposition of penalties for boating while intoxicated; requires all persons who operate a mechanically propelled vessel to hold a boating safety certificate.

view sponsor memo
BILL NUMBER:S771

TITLE OF BILL:
An act
to amend the navigation law,
the parks, recreation and historic preservation law and the vehicle
and traffic law,
in relation to operating a vessel while
under the influence of alcohol or drugs

PURPOSE:
To update laws on boating while intoxicated (BWI) and provide a
measure of cohesiveness across the board for intoxicated operation of
any vehicle.

SUMMARY OF PROVISIONS:
Section 1 amends section 49-a of the Navigation Law to add provisions
prohibiting aggravated BWI (.18 blood alcohol content or operating
intoxicated with a child passenger) as well as operating under the
combined influence of drugs and alcohol. Creates motor vehicle driver
license suspensions for BWI convictions as well boating privilege
suspensions for driving while intoxicated (DWI) convictions. Makes
clear that a prior conviction for operating any other vehicle under
the influence shall be considered a prior BWI for purposes of the
enhanced penalty provisions for multiple BWIs.

Section 2 amends section 25.24 of the Parks, Recreation and Historic
Preservation Law (PRHPL) to make clear that a prior conviction for
operating any other vehicle while under the influence shall be
considered a prior snowmobiling while intoxicated (SWI) conviction
for purposes of the enhanced penalty provisions for multiple SWI
convictions.

Section 3 amends section 1193 of the VTL to make clear that a prior
conviction for operating any other vehicle while under the influences
shall be considered a DWI conviction for purposes of the enhanced
penalty provisions for multiple DWI convictions.

Section 4 amends section 510 of the VTL to include driver license
suspensions provisions for BWI convictions.

Section 5 amends section 1193 of the VTL, to provide reference to
boating privilege suspensions provided in the Navigation Law.

Section 6 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 and does not include a provision for operating
under the combined influence of drugs and alcohol. Additionally, it
does not connect boating privilege suspensions with the intoxicated
operation of other vehicles; nor do the PRHPL or VTL provide for this
linkage presently.


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
(includes aggravated BWI -.18 BAC or operating with a child
passenger) and links the penalties for multiple intoxicated operation
convictions across all types of vehicles" Thus, a prior DWI or
snowmobiling while intoxicated conviction would be considered a prior
BWI for the purposes of Navigation Law provisions punishing multiple
BWI offenders; the same would be true of a DWI offender with a prior
BWI, and so on, This linkage is meant to assert 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:
2012: Rules Committee (S.7827/A.10804)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
180 days.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   771

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. FUSCHILLO, DeFRANCISCO, LAVALLE, MAZIARZ, RANZENHOF-
  ER -- read twice and ordered printed, and when printed to be committed
  to the Committee on Transportation

AN  ACT  to amend the navigation law, the parks, recreation and historic
  preservation law and the vehicle and traffic law, in relation to oper-
  ating 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, subparagraph 1 of paragraph (a) of  subdivision  3  as
amended  by  chapter  599  of  the laws of 2008, are amended and two new
subdivisions 3-a and 14 are added 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-

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.