Bill Text: NY A07451 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
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.