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

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 02, 2019 referred to rules

Co-Sponsors

S6644 (ACTIVE) - Details

See Assembly Version of this Bill:
A8542
Current Committee:
Senate Rules
Law Section:
Navigation Law
Laws Affected:
Amd §49-a, Nav L; amd §§120.03, 120.04, 125.12 & 125.13, Pen L

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.

S6644 (ACTIVE) - Sponsor Memo

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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