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

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-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7451--B
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 4, 2011
                                      ___________
       Introduced  by  M.  of  A.  MAGNARELLI, WEISENBERG, JAFFEE, SCHIMMINGER,
         ROBERTS, LAVINE, ZEBROWSKI, GUNTHER, ROSENTHAL, GALEF, LINARES,  SCHI-
         MEL,  HOOPER  --  Multi-Sponsored  by  -- M. of A. BOYLAND, GOTTFRIED,
         HEVESI, REILLY, P. RIVERA, SWEENEY -- read once and  referred  to  the
         Committee  on  Transportation  --  committee discharged, bill amended,
         ordered reprinted as amended and  recommitted  to  said  committee  --
         recommitted  to  the  Committee  on  Transportation in accordance with
         Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the navigation 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. Paragraphs (a) and (f) of subdivision 2 of section  49-a  of  the
    4  navigation  law,  as  amended  by  chapter  151 of the laws of 2006, are
    5  amended to read as follows:
    6    (a) No person shall operate a vessel upon  the  waters  of  the  state
    7  while  his ability to operate such vessel is impaired by the consumption
    8  of alcohol. A violation of this subdivision  shall  be  an  offense  and
    9  shall be punishable by a fine of not less than three hundred dollars nor
   10  more  than five hundred dollars, or by imprisonment in a penitentiary or
   11  county jail for not more than fifteen days, or by  both  such  fine  and
   12  imprisonment. A person who operates a vessel in violation of this subdi-
   13  vision  after  being convicted of a violation of any subdivision of this
   14  section OR OF ANY SUBDIVISION OF SECTION ELEVEN  HUNDRED  NINETY-TWO  OF
   15  THE  VEHICLE  AND  TRAFFIC  LAW within the preceding five years shall be
   16  punished by a fine of not less than five hundred dollars nor  more  than
   17  seven  hundred fifty dollars, or by imprisonment of not more than thirty
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03775-04-2
       A. 7451--B                          2
    1  days in a penitentiary or county jail or by both such fine and imprison-
    2  ment. A person who operates a vessel in violation  of  this  subdivision
    3  after  being  convicted two or more times of a violation of any subdivi-
    4  sion  of  this  section, OR OF A VIOLATION OF ANY SUBDIVISION OF SECTION
    5  ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND  TRAFFIC  LAW,  OR  OF  ANY
    6  COMBINATION  OF TWO OR MORE SUCH CONVICTIONS NOT ARISING OUT OF THE SAME
    7  INCIDENT within the preceding ten years shall be guilty of  a  misdemea-
    8  nor,  and  shall  be  punished  by a fine of not less than seven hundred
    9  fifty dollars nor more than fifteen hundred dollars, or by  imprisonment
   10  of  not  more  than  one hundred eighty days in a penitentiary or county
   11  jail or by both such fine and imprisonment.
   12    (f) A violation of paragraph (b), (c), (d) or (e) of this  subdivision
   13  shall  be  a  misdemeanor  and  shall be punishable by imprisonment in a
   14  penitentiary or county jail for not more than one year, or by a fine  of
   15  not  less  than five hundred dollars nor more than one thousand dollars,
   16  or by both such fine and imprisonment. A person who operates a vessel in
   17  violation of paragraph (b), (c), (d) or (e) of  this  subdivision  after
   18  having  been  convicted of a violation of paragraph (b), (c), (d) or (e)
   19  of this subdivision, or of operating a vessel  or  public  vessel  while
   20  intoxicated  or  while  under  the influence of drugs, OR OF SUBDIVISION
   21  TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN  HUNDRED  NINETY-TWO
   22  OF  THE VEHICLE AND TRAFFIC LAW within the preceding ten years, shall be
   23  guilty of a class E felony and shall be punished by a period  of  impri-
   24  sonment  as provided in the penal law, or by a fine of not less than one
   25  thousand dollars nor more than five thousand dollars, or  by  both  such
   26  fine  and  imprisonment.  A person who operates a vessel in violation of
   27  paragraph (b), (c), (d) or (e) of this  subdivision  after  having  been
   28  twice convicted of a violation of any of such paragraph (b), (c), (d) or
   29  (e)  of this subdivision or of operating a vessel or public vessel while
   30  intoxicated or under the influence of drugs, OR OF A VIOLATION OF SUBDI-
   31  VISION TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINE-
   32  TY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR OF ANY COMBINATION OF TWO SUCH
   33  CONVICTIONS NOT ARISING OUT OF THE SAME INCIDENT  within  the  preceding
   34  ten  years, shall be guilty of a class D felony and shall be punished by
   35  a fine of not less than two thousand dollars nor more than ten  thousand
   36  dollars  or by a period of imprisonment as provided in the penal law, or
   37  by both such fine and imprisonment.
   38    S 3. Subparagraph 3 of paragraph (a) of subdivision 3 of section  49-a
   39  of  the  navigation law, as added by chapter 805 of the laws of 1992, is
   40  amended to read as follows:
   41    (3) a period of twenty-four months where a person is  convicted  of  a
   42  violation  of  paragraph (b), (c), (d) or (e) of subdivision two of this
   43  section after having been convicted of a  violation  of  paragraph  (b),
   44  (c),  (d)  or  (e)  of subdivision two of this section or of operating a
   45  vessel or public vessel while intoxicated  or  under  the  influence  of
   46  drugs OR OF A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR FOUR-A
   47  OF  SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF THE VEHICLE AND TRAFFIC LAW
   48  within the preceding ten years.
   49    S 4. This act shall take effect on the first of November next succeed-
   50  ing the date on which it shall have become a law.