senate Bill S3785A

Signed By Governor
2015-2016 Legislative Session

Makes certain convictions for operating under the influence predicates for other operating under the influence convictions

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A1597 - Signed by Governor


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (20)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 16, 2016 signed chap.239
Aug 08, 2016 delivered to governor
Jun 02, 2016 returned to assembly
passed senate
3rd reading cal.649
substituted for s3785a
Jun 02, 2016 substituted by a1597a
May 18, 2016 amended on third reading (t) 3785a
May 09, 2016 advanced to third reading
May 05, 2016 2nd report cal.
May 04, 2016 1st report cal.649
Jan 06, 2016 referred to transportation
returned to senate
died in assembly
Jun 16, 2015 referred to transportation
delivered to assembly
passed senate
ordered to third reading cal.1610
committee discharged and committed to rules
Feb 17, 2015 referred to transportation

Votes

view votes

May 4, 2016 - Transportation committee Vote

S3785
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show committee vote details

Jun 16, 2015 - Rules committee Vote

S3785
24
1
committee
24
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

S3785 - Details

See Assembly Version of this Bill:
A1597
Law Section:
Navigation Law
Laws Affected:
Amd §49-a, Nav L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2917
2011-2012: S2860, A7451
2013-2014: S1790, A3804

S3785 - Summary

Enacts "Tiffany Heitkamp's law"; relates to the effect of prior conviction for operation of certain vehicles while intoxicated upon imposition of penalties for boating while intoxicated.

S3785 - Sponsor Memo

S3785 - Bill Text download pdf

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

                                  3785

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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 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.  Section  49-a  of the navigation law is amended by adding a new
subdivision 14 to read as follows:
  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 SUBDIVISION 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), (C), (D) OR (E) 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01754-02-5

Co-Sponsors

S3785A (ACTIVE) - Details

See Assembly Version of this Bill:
A1597
Law Section:
Navigation Law
Laws Affected:
Amd §49-a, Nav L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2917
2011-2012: S2860, A7451
2013-2014: S1790, A3804

S3785A (ACTIVE) - Summary

Enacts "Tiffany Heitkamp's law"; relates to the effect of prior conviction for operation of certain vehicles while intoxicated upon imposition of penalties for boating while intoxicated.

S3785A (ACTIVE) - Sponsor Memo

S3785A (ACTIVE) - Bill Text download pdf

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

                                 3785--A
    Cal. No. 649

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  AVELLA,  VALESKY  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Transportation  --  recommitted  to the Committee on Transportation in
  accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

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 OR HER ability to operate  such  vessel  is  impaired  by  the
consumption  of alcohol. (1) 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. (2)  A  person  who  operates  a  vessel  in
violation  of  this  subdivision after being convicted of a violation of
any subdivision of this section 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. (3) A person who operates a vessel in violation of  this  subdivi-
sion  after  being  convicted  two  or  more times of a violation of any

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

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.