Bill Text: NY A08542 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to operating a vessel while intoxicated when a child who is fifteen years of age or less is a passenger in such vessel.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A08542 Detail]
Download: New_York-2019-A08542-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8542 2019-2020 Regular Sessions IN ASSEMBLY August 23, 2019 ___________ Introduced by M. of A. JEAN-PIERRE -- read once and referred to the Committee on Transportation 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: 1 Section 1. Subdivision 2 of section 49-a of the navigation law is 2 amended by adding two new paragraphs (e-1) and (g) to read as follows: 3 (e-1) No person shall operate a vessel in violation of paragraph (a), 4 (b), (c), (d), or (e) of this subdivision while a child who is fifteen 5 years of age or less is a passenger in such vessel. 6 (g) Where a law enforcement officer alleges a violation of paragraph 7 (e-1) of this subdivision and the operator of the vessel is a parent, 8 guardian, custodian of, or other person legally responsible for, a child 9 who is fifteen years of age or less who is a passenger in such vessel, 10 such officer shall report or cause a report to be made in accordance 11 with title six of article six of the social services law, if applicable. 12 § 2. Subparagraphs 2 and 3 of paragraph (f) of subdivision 2 and 13 subdivision 5-a of section 49-a of the navigation law, as amended by and 14 subdivision 5-a as added by chapter 239 of the laws of 2016, are amended 15 to read as follows: 16 (2) A person who operates a vessel in violation of paragraph (b), (c), 17 (d) or (e) of this subdivision after having been convicted of a 18 violation of paragraph (b), (c), (d) or (e) of this subdivision, or of 19 operating a vessel or public vessel while intoxicated or while under the 20 influence of drugs, within the preceding ten years, or a person 21 convicted of a violation of paragraph (e-1) of this subdivision, shall 22 be guilty of a class E felony and shall be punished by a period of 23 imprisonment as provided in the penal law, or by a fine of not less than 24 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. LBD13537-02-9A. 8542 2 1 such fine and imprisonment. (3) A person who operates a vessel in 2 violation of paragraph (b), (c), (d) or (e) of this subdivision after 3 having been twice convicted of a violation of any of such paragraph (b), 4 (c), (d) or (e) of this subdivision or of operating a vessel or public 5 vessel while intoxicated or under the influence of drugs, within the 6 preceding ten years, or a person convicted of a violation of paragraph 7 (e-1) of this subdivision after having been convicted of a violation of 8 such paragraph within the preceding ten years, shall be guilty of a 9 class D felony and shall be punished by a fine of not less than two 10 thousand dollars nor more than ten thousand dollars or by a period of 11 imprisonment as provided in the penal law, or by both such fine and 12 imprisonment. 13 5-a. Sentencing; previous convictions. When sentencing a person for a 14 violation of paragraph (b), (c), (d) [or], (e) or (e-1) of subdivision 15 two of this section pursuant to subparagraph two of paragraph (f) of 16 subdivision two of this section, the court shall consider any prior 17 convictions the person may have for a violation of subdivision two, 18 two-a, three, four, or four-a of section eleven hundred ninety-two of 19 the vehicle and traffic law within the preceding ten years. When 20 sentencing a person for a violation of paragraph (b), (c), (d) [or], (e) 21 or (e-1) of subdivision two of this section pursuant to subparagraph 22 three of paragraph (f) of subdivision two of this section, the court 23 shall consider any prior convictions the person may have for a violation 24 of subdivision two, two-a, three, four, or four-a of section eleven 25 hundred ninety-two of the vehicle and traffic law within the preceding 26 ten years. When sentencing a person for a violation of subparagraph two 27 of paragraph (a) of subdivision two of this section, the court shall 28 consider any prior convictions the person may have for a violation of 29 any subdivision of section eleven hundred ninety-two of the vehicle and 30 traffic law within the preceding five years. When sentencing a person 31 for a violation of subparagraph three of paragraph (a) of subdivision 32 two of this section, the court shall consider any prior convictions the 33 person may have for a violation of any subdivision of section eleven 34 hundred ninety-two of the vehicle and traffic law within the preceding 35 ten years. 36 § 3. Subparagraph 3 of paragraph (a) of subdivision 3, subdivision 5 37 and paragraph (a) of subdivision 7 of section 49-a of the navigation 38 law, as added by chapter 805 of the laws of 1992, are amended to read as 39 follows: 40 (3) a period of twenty-four months where a person is convicted of a 41 violation of paragraph (b), (c), (d) or (e) of subdivision two of this 42 section after having been convicted of a violation of paragraph (b), 43 (c), (d) or (e) of subdivision two of this section or of operating a 44 vessel or public vessel while intoxicated or under the influence of 45 drugs within the preceding ten years, or a person convicted of a 46 violation of paragraph (e-1) of subdivision two of this section. 47 5. Sentencing limitations. Notwithstanding any provision of the penal 48 law, no judge or magistrate shall impose a sentence of unconditional 49 discharge for a violation of paragraph (b), (c), (d) [or], (e) or (e-1) 50 of subdivision two of this section nor shall he or she impose a sentence 51 of conditional discharge unless such conditional discharge is accompa- 52 nied by a sentence of a fine as provided in this section. 53 (a) Any person who operates a vessel on the waters of the state shall 54 be requested to consent to a chemical test of one or more of the follow- 55 ing: breath, blood, urine, or saliva for the purpose of determining the 56 alcoholic or drug content of his blood, provided that such test isA. 8542 3 1 administered at the direction of a police officer: (1) having reasonable 2 cause to believe such person to have been operating in violation of this 3 subdivision or paragraph (a), (b), (c), (d) [or], (e) or (e-1) of subdi- 4 vision two of this section and within two hours after such person has 5 been placed under arrest for any such violation or (2) within two hours 6 after a breath test as provided in paragraph (b) of subdivision six of 7 this section indicates that alcohol has been consumed by such person and 8 in accordance with the rules and regulations established by the police 9 force of which the officer is a member. 10 § 4. Subdivision 1 of section 120.03 of the penal law, as amended by 11 chapter 732 of the laws of 2006, is amended to read as follows: 12 (1) operates a motor vehicle in violation of subdivision two, three, 13 four or four-a of section eleven hundred ninety-two of the vehicle and 14 traffic law or operates a vessel or public vessel in violation of para- 15 graph (b), (c), (d) [or], (e) or (e-1) of subdivision two of section 16 forty-nine-a of the navigation law, and as a result of such intoxication 17 or impairment by the use of a drug, or by the combined influence of 18 drugs or of alcohol and any drug or drugs, operates such motor vehicle, 19 vessel or public vessel in a manner that causes such serious physical 20 injury to such other person, or 21 § 5. Subdivision 6 of section 120.04 of the penal law, as added by 22 chapter 496 of the laws of 2009, is amended to read as follows: 23 (6) commits such crime while operating a motor vehicle or vessel while 24 a child who is fifteen years of age or less is a passenger in such motor 25 vehicle or vessel and causes serious physical injury to such child. 26 § 6. Subdivision 1 of section 125.12 of the penal law, as amended by 27 chapter 732 of the laws of 2006, is amended to read as follows: 28 (1) operates a motor vehicle in violation of subdivision two, three, 29 four or four-a of section eleven hundred ninety-two of the vehicle and 30 traffic law or operates a vessel or public vessel in violation of para- 31 graph (b), (c), (d) [or], (e) or (e-1) of subdivision two of section 32 forty-nine-a of the navigation law, and as a result of such intoxication 33 or impairment by the use of a drug, or by the combined influence of 34 drugs or of alcohol and any drug or drugs, operates such motor vehicle, 35 vessel or public vessel in a manner that causes the death of such other 36 person, or 37 § 7. Subdivision 6 of section 125.13 of the penal law, as added by 38 chapter 496 of the laws of 2009, is amended to read as follows: 39 (6) commits such crime while operating a motor vehicle or vessel while 40 a child who is fifteen years of age or less is a passenger in such motor 41 vehicle or vessel and causes the death of such child. 42 § 8. This act shall take effect on the one hundred eightieth day after 43 it shall have become a law.