Bill Text: NY S08391 | 2023-2024 | General Assembly | Introduced


Bill Title: Increases the penalties for operating a snowmobile while intoxicated, doubles penalties for operators having .16 of one per centum or more by weight of alcohol in his or her blood, breath, urine, or saliva, and includes other operating while intoxicated convictions in sentencing considerations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-26 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION [S08391 Detail]

Download: New_York-2023-S08391-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8391

                    IN SENATE

                                    January 26, 2024
                                       ___________

        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cultural Affairs, Tourism,
          Parks and Recreation

        AN ACT to amend the parks, recreation and historic preservation law,  in
          relation  to increasing the penalties for operating a snowmobile while
          intoxicated

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraphs  (a),  (b) and (e) of subdivision 1 of section
     2  25.24 of the parks, recreation and historic preservation law, paragraphs
     3  (a) and (b) as amended by chapter 311 of the laws of 2007 and  paragraph
     4  (e)  as added by chapter 629 of the laws of 1998, are amended to read as
     5  follows:
     6    (a) No person shall operate  a  snowmobile  upon  a  street,  highway,
     7  public  trails,  lands,  bodies of water, or private property of another
     8  while his or her ability to operate such snowmobile is impaired  by  the
     9  consumption  of alcohol. (1) A violation of this subdivision shall be an
    10  offense and shall be punishable by a fine of not less than  two  hundred
    11  fifty dollars nor more than three hundred fifty dollars, or by imprison-
    12  ment in a penitentiary or county jail for not more than fifteen days, or
    13  by  both such fine and imprisonment. (2) A person who operates a snowmo-
    14  bile in violation  of  this  subdivision  after  being  convicted  of  a
    15  violation  of  any subdivision of this section within the preceding five
    16  years shall be punished by a fine of not less than five hundred  dollars
    17  nor  more  than  fifteen hundred dollars, or by imprisonment of not more
    18  than thirty days in a penitentiary or county jail or by both  such  fine
    19  and imprisonment.
    20    (b) (1) No such person shall operate a snowmobile upon a street, high-
    21  way,  public  trails,  lands,  bodies  of  water, or private property of
    22  another while he or she has .08 of one per centum or more by  weight  of
    23  alcohol  in his or her blood, breath, urine, or saliva, as determined by
    24  the chemical test made pursuant to the provisions of subdivision six  of
    25  this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04924-01-3

        S. 8391                             2

     1    (2)  No such person shall operate a snowmobile upon a street, highway,
     2  public trails, lands, bodies of water, or private  property  of  another
     3  while  he  or she has .16 of one per centum or more by weight of alcohol
     4  in his or her blood, breath, urine, or  saliva,  as  determined  by  the
     5  chemical test made pursuant to the provisions of subdivision six of this
     6  section.
     7    (e) (1) A violation of subparagraph one of paragraph (b), or paragraph
     8  (c)[,]  or  (d)  of this subdivision shall be a misdemeanor and shall be
     9  punishable by imprisonment in a penitentiary or county jail for not more
    10  than ninety days, or by a fine of not  less  than  three  hundred  fifty
    11  dollars  nor  more  than  five hundred dollars, or by both such fine and
    12  imprisonment.
    13    (2) A person who operates a snowmobile in  violation  of  subparagraph
    14  one  of  paragraph  (b),  or paragraph (c)[,] or (d) of this subdivision
    15  after having been convicted of a violation of subparagraph one of  para-
    16  graph (b), of paragraph (c)[,] or (d) of this subdivision, or of operat-
    17  ing  a  snowmobile  while  intoxicated  or  while under the influence of
    18  drugs, within the preceding ten years, shall be guilty of a  misdemeanor
    19  and  shall be punished by imprisonment for not more than one year, or by
    20  a fine of not less than five  hundred  dollars  nor  more  than  fifteen
    21  hundred dollars, or by both such fine and imprisonment.
    22    (3)  A  person  who operates a snowmobile in violation of subparagraph
    23  one of paragraph (b), or paragraph (c)[,] or  (d)  of  this  subdivision
    24  after  having been twice convicted of a violation of subparagraph one of
    25  paragraph (b), or paragraph (c)[,] or (d) of  this  subdivision,  or  of
    26  operating  a  snowmobile  while  intoxicated  or  under the influence of
    27  drugs, within the preceding ten years, shall be  guilty  of  a  class  E
    28  felony  and  shall  be  punished by a fine of not less than five hundred
    29  dollars nor more than five thousand dollars or by a period of  imprison-
    30  ment  as  provided  in the penal law, or by both such fine and imprison-
    31  ment.
    32    (4) (i) A violation of subparagraph  two  of  paragraph  (b)  of  this
    33  subdivision  shall be a misdemeanor and shall be punishable by imprison-
    34  ment in a penitentiary or county jail for  not  more  than  one  hundred
    35  eighty  days,  or  by  a fine of not less than seven hundred dollars nor
    36  more than one thousand dollars, or by both such fine and imprisonment.
    37    (ii) A person who operates a snowmobile in violation  of  subparagraph
    38  two  of paragraph (b) of this subdivision after having been convicted of
    39  a violation of subparagraph one or two of paragraph  (b),  or  paragraph
    40  (c)  or  (d)  of  this  subdivision,  or of operating a snowmobile while
    41  intoxicated or while under the influence of drugs, within the  preceding
    42  ten  years, shall be guilty of a class E felony and shall be punished by
    43  a fine of not less than one thousand dollars nor more than  three  thou-
    44  sand  dollars  or  by  a period of imprisonment as provided in the penal
    45  law, or by both such fine and imprisonment.
    46    (iii) A person who operates a snowmobile in violation of  subparagraph
    47  two  of  paragraph  (b)  of  this  subdivision  after  having been twice
    48  convicted of a violation of subparagraph one or two of paragraph (b), or
    49  paragraph (c) or (d) of this subdivision, or of operating  a  snowmobile
    50  while  intoxicated or under the influence of drugs, within the preceding
    51  ten years, shall be guilty of a class D felony and shall be punished  by
    52  a  fine of not less than one thousand dollars nor more than ten thousand
    53  dollars or by a period of imprisonment as provided in the penal law,  or
    54  by both such fine and imprisonment.
    55    §  2. Section 25.24 of the parks, recreation and historic preservation
    56  law is amended by adding a new subdivision 4-a to read as follows:

        S. 8391                             3

     1    4-a. Sentencing; previous convictions. When sentencing a person for  a
     2  violation  of  paragraph  (b),  (c)  or  (d)  of subdivision one of this
     3  section pursuant to subparagraph two or three, or clause (ii)  or  (iii)
     4  of  subparagraph  four  of  paragraph  (e)  of  subdivision  one of this
     5  section,  the  court shall consider any prior convictions the person may
     6  have for a violation of subdivision two, two-a, three, four or four-a of
     7  section eleven hundred ninety-two of the  vehicle  and  traffic  law  or
     8  subdivision two of section forty-nine-a of the navigation law within the
     9  preceding ten years. When sentencing a person for a violation of subpar-
    10  agraph  two  of  paragraph  (a)  of subdivision one of this section, the
    11  court shall consider any prior convictions the person  may  have  for  a
    12  violation of any subdivision of section eleven hundred ninety-two of the
    13  vehicle  and  traffic  law or subdivision two of section forty-nine-a of
    14  the navigation law within the preceding five years.
    15    § 3. This act shall take effect on the ninetieth day  after  it  shall
    16  have become a law.
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