Senate Bill S6644

2019-2020 Legislative Session

Relates to operating a vessel while intoxicated when a child who is fifteen years of age or less is a passenger in such vessel

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Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee


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

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2019-S6644 (ACTIVE) - Details

See Assembly Version of this Bill:
A8542
Current Committee:
Senate Transportation
Law Section:
Navigation Law
Laws Affected:
Amd §49-a, Nav L; amd §§120.03, 120.04, 125.12 & 125.13, Pen L
Versions Introduced in 2021-2022 Legislative Session:
S947, A911

2019-S6644 (ACTIVE) - Summary

Relates to operating a vessel while intoxicated when a child who is fifteen years of age or less is a passenger in such vessel.

2019-S6644 (ACTIVE) - Sponsor Memo

2019-S6644 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6644
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              August 2, 2019
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the navigation law and the penal  law,  in  relation  to
   operating a vessel while intoxicated when a child who is fifteen years
   of age or less is a passenger in such vessel

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 49-a  of  the  navigation  law  is
 amended by adding two new paragraphs (e-1) and (g) to read as follows:
   (E-1)  NO PERSON SHALL OPERATE A VESSEL IN VIOLATION OF PARAGRAPH (A),
 (B), (C), (D), OR (E) OF THIS SUBDIVISION WHILE A CHILD WHO  IS  FIFTEEN
 YEARS OF AGE OR LESS IS A PASSENGER IN SUCH VESSEL.
   (G)  WHERE  A LAW ENFORCEMENT OFFICER ALLEGES A VIOLATION OF PARAGRAPH
 (E-1) OF THIS SUBDIVISION AND THE OPERATOR OF THE VESSEL  IS  A  PARENT,
 GUARDIAN, CUSTODIAN OF, OR OTHER PERSON LEGALLY RESPONSIBLE FOR, A CHILD
 WHO  IS  FIFTEEN YEARS OF AGE OR LESS WHO IS A PASSENGER IN SUCH VESSEL,
 SUCH OFFICER SHALL REPORT OR CAUSE A REPORT TO  BE  MADE  IN  ACCORDANCE
 WITH TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES LAW, IF APPLICABLE.
   §  2.  Subparagraphs  2  and  3  of paragraph (f) of subdivision 2 and
 subdivision 5-a of section 49-a of the navigation law, as amended by and
 subdivision 5-a as added by chapter 239 of the laws of 2016, are amended
 to read as follows:
   (2) 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,  within  the  preceding  ten  years,  OR  A  PERSON
 CONVICTED  OF  A VIOLATION OF PARAGRAPH (E-1) OF THIS SUBDIVISION, 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 thousand dollars, or by both
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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