Bill Text: NY S02073 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides for the suspension of a driver's license upon a conviction of boating while intoxicated and for the suspension of the privilege to operate a vessel upon the waters of this state upon a conviction of driving while ability impaired or driving while intoxicated or under the influence of drugs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-18 - REFERRED TO TRANSPORTATION [S02073 Detail]

Download: New_York-2011-S02073-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2073
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN ACT to amend the navigation law and the vehicle and traffic  law,  in
         relation to the suspension of privileges to operate a vessel and driv-
         er's licenses for certain alcohol related offenses
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 and paragraph (a) of subdivision 4 of section
    2  49-a of the navigation law, subdivision 3 as added by chapter 805 of the
    3  laws of 1992, subparagraph 1  of  paragraph  (a)  of  subdivision  3  as
    4  amended by chapter 599 of the laws of 2008 and paragraph (a) of subdivi-
    5  sion  4  as  amended  by chapter 391 of the laws of 1998, are amended to
    6  read as follows:
    7    3. Privilege to operate a vessel AND  DRIVER'S  LICENSE;  suspensions.
    8  (a) The court shall suspend a person's privilege to operate a vessel AND
    9  DRIVER'S  LICENSE and may suspend a vessel registration OR MOTOR VEHICLE
   10  REGISTRATION for:
   11    (1) a period of at least six but less  than  twelve  months  where  an
   12  operator is convicted of a violation of paragraph (a) of subdivision two
   13  of this section. In determining the length of such suspension or suspen-
   14  sions,  the  court  may  take  into consideration the seriousness of the
   15  offense and may impose a period of suspension  whereby  such  suspension
   16  may  be  in effect during a portion of the current or subsequent boating
   17  season;
   18    (2) a period of twelve months where an  operator  is  convicted  of  a
   19  violation  of  paragraph (b), (c), (d) or (e) of subdivision two of this
   20  section;
   21    (3) a period of twenty-four months where a person is  convicted  of  a
   22  violation  of  paragraph (b), (c), (d) or (e) of subdivision two of this
   23  section after having been convicted of a  violation  of  paragraph  (b),
   24  (c),  (d)  or  (e)  of subdivision two of this section or of operating a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06525-01-1
       S. 2073                             2
    1  vessel or public vessel while intoxicated  or  under  the  influence  of
    2  drugs within the preceding ten years.
    3    (b)  The  court shall report each conviction recorded pursuant to this
    4  section to the commissioner of motor vehicles and  the  commissioner  of
    5  parks,  recreation  and  historic  preservation on forms provided by the
    6  department of motor vehicles. Such reports shall include the  length  of
    7  any suspension imposed on the privilege to operate a vessel AND DRIVER'S
    8  LICENSE  and  any  suspension  imposed  against a vessel registration OR
    9  MOTOR VEHICLE. The department of motor vehicles shall maintain a  record
   10  of all convictions and suspensions in order to effectuate the provisions
   11  of this section.
   12    (a)  Operation  of  vessel OR MOTOR VEHICLE while operating privileges
   13  [have] OR DRIVER'S LICENSE HAS been suspended. No person shall operate a
   14  vessel upon the waters of the state OR OPERATE  A  MOTOR  VEHICLE  while
   15  operating  privileges  [have]  OR  DRIVER'S  LICENSE  HAS been suspended
   16  pursuant to this section or section forty-nine-b of this [article] PART.
   17  A violation of the provisions of this paragraph shall be a violation and
   18  shall be punishable by a fine of  not  less  than  three  hundred  fifty
   19  dollars nor more than seven hundred fifty dollars or by imprisonment for
   20  a  period  of not more than ninety days, or by both such fine and impri-
   21  sonment.
   22    S 2. Subdivision 2 of section 1193 of the vehicle and traffic  law  is
   23  amended by adding a new paragraph (b-1) to read as follows:
   24    (B-1)  IN  ADDITION TO ANY DRIVER'S LICENSE SANCTION SET FORTH IN THIS
   25  SUBDIVISION, THE COURT MAY,  UPON  CONVICTION  OF  A  VIOLATION  OF  ANY
   26  PROVISION  OF  SECTION ONE THOUSAND ONE HUNDRED NINETY-TWO OF THIS ARTI-
   27  CLE, SUSPEND OR REVOKE THE PRIVILEGE TO OPERATE A VESSEL UPON THE WATERS
   28  OF THIS STATE OF ANY PERSON SO CONVICTED,  PROVIDED,  HOWEVER,  THAT  NO
   29  SUCH SUSPENSION OR REVOCATION SHALL EXCEED IN DURATION THE SUSPENSION OR
   30  REVOCATION OF SUCH PERSON'S DRIVER'S LICENSE.
   31    S 3. This act shall take effect on the first of November next succeed-
   32  ing the date on which it shall have become a law.