|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Aug 02, 2019||referred to rules|
senate Bill S6644
Current Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6644 (ACTIVE) - Details
S6644 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6644 SPONSOR: GAUGHRAN TITLE OF BILL: 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 PURPOSE:: The purpose of this bill is to align Boating While Intoxicating Offenses within the Navigation Law with New York State's Leandra's Law, which provides increased penalties for persons who operate motor vehicles while intoxicated when a child aged fifteen years or less is a passen- ger. SUMMARY OF PROVISIONS:: Section 1 of the bill amends the Navigation Law Section 49-a to add new paragraphs (e-1), establishing a new crime for persons convicted of operating a vessel under the influence of alcohol or drugs while a child who is fifteen years of age or less is a passenger in the vessel. This
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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