Bill Text: NY A07451 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2012-06-21 - held for consideration in codes [A07451 Detail]

Download: New_York-2011-A07451-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7451
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 4, 2011
                                      ___________
       Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred 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:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  "Tiffany Heitkamp's law".
    3    S  2.  Section  49-a  of the navigation law is amended by adding a new
    4  subdivision 14 to read as follows:
    5    14. EFFECT OF PRIOR CONVICTION FOR OPERATION OF A MOTOR VEHICLE, SNOW-
    6  MOBILE, OR ALL TERRAIN VEHICLE WHILE UNDER THE INFLUENCE OF  ALCOHOL  OR
    7  DRUGS.  A  PRIOR CONVICTION FOR OPERATION OF A MOTOR VEHICLE WHILE UNDER
    8  THE INFLUENCE OF ALCOHOL OR DRUGS  PURSUANT  TO  SUBDIVISION  ONE,  TWO,
    9  THREE  OR  FOUR  OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
   10  TRAFFIC LAW, A PRIOR CONVICTION FOR  OPERATION  OF  A  SNOWMOBILE  ON  A
   11  STREET OR HIGHWAY WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PURSUANT
   12  TO SUBDIVISION ONE OF SECTION 25.24 OF THE PARKS, RECREATION AND HISTOR-
   13  IC  PRESERVATION  LAW,  OR  A  PRIOR  CONVICTION FOR OPERATION OF AN ALL
   14  TERRAIN VEHICLE WHILE IN AN INTOXICATED CONDITION OR UNDER THE INFLUENCE
   15  OF NARCOTICS OR DRUGS PURSUANT TO PARAGRAPH (H) OF  SUBDIVISION  ONE  OF
   16  SECTION TWENTY-FOUR HUNDRED FOUR OF THE VEHICLE AND TRAFFIC LAW SHALL BE
   17  DEEMED  TO  BE  A  PRIOR CONVICTION OF A VIOLATION OF ANY SUBDIVISION OF
   18  THIS SECTION FOR PURPOSES OF DETERMINING PENALTIES IMPOSED  PURSUANT  TO
   19  PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, AND SHALL BE DEEMED TO
   20  BE  A  PRIOR CONVICTION OF A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E)
   21  OF SUBDIVISION TWO OF THIS SECTION FOR PURPOSES OF DETERMINING PENALTIES
   22  IMPOSED PURSUANT TO PARAGRAPH (F) OF  SUCH  SUBDIVISION,  AND  SHALL  BE
   23  DEEMED  TO  BE  A PRIOR CONVICTION OF A VIOLATION OF PARAGRAPH (B), (C),
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03775-01-1
       A. 7451                             2
    1  (D) OR (E) OF SUBDIVISION TWO OF THIS SECTION FOR PURPOSES OF  DETERMIN-
    2  ING PENALTIES IMPOSED PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH (A) OF
    3  SUBDIVISION THREE OF THIS SECTION.
    4    S 3.  Section 25.24 of the parks, recreation and historic preservation
    5  law is amended by adding a new subdivision 4-a to read as follows:
    6    4-A.  A  PRIOR  CONVICTION  FOR  OPERATION OF A VESSEL WHILE UNDER THE
    7  INFLUENCE OF ALCOHOL OR DRUGS PURSUANT TO  SUBDIVISION  TWO  OF  SECTION
    8  FORTY-NINE-A  OF THE NAVIGATION LAW, A PRIOR CONVICTION FOR OPERATION OF
    9  A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR  DRUGS  PURSUANT
   10  TO  SUBDIVISION  ONE, TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINE-
   11  TY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR A PRIOR CONVICTION FOR  OPERA-
   12  TION  OF  AN  ALL  TERRAIN  VEHICLE WHILE IN AN INTOXICATED CONDITION OR
   13  UNDER THE INFLUENCE OF NARCOTICS OR DRUGS PURSUANT TO PARAGRAPH  (H)  OF
   14  SUBDIVISION  ONE  OF SECTION TWENTY-FOUR HUNDRED FOUR OF THE VEHICLE AND
   15  TRAFFIC LAW SHALL BE DEEMED TO BE A PRIOR CONVICTION OF  PARAGRAPH  (B),
   16  (C), OR (D) OF SUBDIVISION ONE OF THIS SECTION OR OF OPERATING A SNOWMO-
   17  BILE  WHILE  INTOXICATED OR UNDER THE INFLUENCE OF DRUGS FOR PURPOSES OF
   18  DETERMINING PENALTIES IMPOSED PURSUANT TO PARAGRAPH (E)  OF  SUBDIVISION
   19  ONE  OF THIS SECTION AND SUBPARAGRAPH THREE OF PARAGRAPH (A) OF SUBDIVI-
   20  SION TWO OF THIS SECTION, AND SHALL BE DEEMED TO BE A  PRIOR  CONVICTION
   21  OF  ANY  PARAGRAPH  OF  SUBDIVISION  ONE OF THIS SECTION FOR PURPOSES OF
   22  DETERMINING PENALTIES IMPOSED PURSUANT TO SUBPARAGRAPH ONE AND  SUBPARA-
   23  GRAPH TWO OF PARAGRAPH (D) OF SUBDIVISION SIX OF THIS SECTION.
   24    S  4. Section 1192 of the vehicle and traffic law is amended by adding
   25  a new subdivision 8-b to read as follows:
   26    8-B. EFFECT OF PRIOR CONVICTION FOR OPERATION OF A VESSEL, SNOWMOBILE,
   27  OR ALL TERRAIN VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.  A
   28  PRIOR  CONVICTION FOR OPERATION OF A VESSEL WHILE UNDER THE INFLUENCE OF
   29  ALCOHOL OR DRUGS PURSUANT TO SUBDIVISION TWO OF SECTION FORTY-NINE-A  OF
   30  THE  NAVIGATION LAW, A PRIOR CONVICTION FOR OPERATION OF A SNOWMOBILE ON
   31  A STREET OR HIGHWAY WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PURSU-
   32  ANT TO SUBDIVISION ONE OF SECTION 25.24 OF  THE  PARKS,  RECREATION  AND
   33  HISTORIC PRESERVATION LAW, OR A PRIOR CONVICTION FOR OPERATION OF AN ALL
   34  TERRAIN VEHICLE WHILE IN AN INTOXICATED CONDITION OR UNDER THE INFLUENCE
   35  OF  NARCOTICS  OR  DRUGS PURSUANT TO PARAGRAPH (H) OF SUBDIVISION ONE OF
   36  SECTION TWENTY-FOUR HUNDRED FOUR OF THIS CHAPTER SHALL BE DEEMED TO BE A
   37  PRIOR CONVICTION OF A VIOLATION OF SUBDIVISION ONE OF THIS  SECTION  FOR
   38  PURPOSES  OF  DETERMINING  PENALTIES IMPOSED PURSUANT TO THIS SECTION OR
   39  FOR PURPOSES OF ANY ADMINISTRATIVE ACTION REQUIRED TO BE TAKEN  PURSUANT
   40  TO  SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS ARTI-
   41  CLE.
   42    S 5. This act shall take effect on the one hundred twentieth day after
   43  it shall have become a law and shall apply to convictions  occurring  on
   44  and after such date.