|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|
senate Bill S771
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S771 - Details
S771 - 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… (view more) requires all persons who operate a mechanically propelled vessel to hold a boating safety certificate.
S771 - 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.
S771 - Bill 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.
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