NY State Senate Bill 2009-S2917

Senate Bill S2917

2009-2010 Legislative Session

Makes certain convictions for operating under the influence predicates for other operating under the influence convictions

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Mar 05, 2009	referred to transportation

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2009-S2917 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Navigation Law
Laws Affected:: Amd §49-a, Nav L; amd §25.24, Pks & Rec L; amd §1192, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2860
2013-2014: S1790
2015-2016: S3785

2009-S2917 (ACTIVE) - Summary

Provides that a conviction for operation of a motor vehicle, snowmobile, or all terrain vehicle while under the influence of alcohol or drugs shall be deemed a prior conviction for the purpose of imposing penalties for boating while under the influence of alcohol or drugs and a conviction for operating a vessel, snowmobile or all terrain vehicle under the influence to be a prior conviction of operating a motor vehicle while under the influence.

2009-S2917 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2917

 TITLE OF BILL :
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

 PURPOSE :
To improve highway, marine and recreational vehicle safety by
increasing the penalties for repeat offenders of laws prohibiting
operation while under the influence of alcohol or drugs.

 SUMMARY OF PROVISIONS :
Section One. Names this act "Tiffany Heitkamp's law."

Section Two. Amends Navigation Law § 49-a by adding a new subdivision
14 to deem a prior conviction for operation of a motor vehicle,
snowmobile or all terrain vehicle while under the influence of alcohol
or drugs to be a prior conviction of operating a vessel while under
the influence of alcohol or drugs, for the purpose of imposing
penalties subject to such section.

Section Three. Amends Parks, Recreation and Historic Preservation Law
§ 25.24 by adding a new subdivision 4-a to deem a prior conviction for
operation of a vessel, motor vehicle or all terrain vehicle while

under the influence of alcohol or drugs to be a prior conviction of
operating a snowmobile while under the influence of alcohol or drugs,
for the purpose of imposing penalties subject to such section.

Section Four. Amends Vehicle and Traffic Law § 1192 by adding a new
subdivision 8-b to deem a prior conviction for operation of a vessel,
snowmobile or all terrain vehicle while under the influence of alcohol
or drugs to be a prior conviction of operating a motor vehicle while
under the influence of alcohol or drugs, for the purpose of imposing
penalties subject to such section or § 1193 of the Vehicle and Traffic
Law.

Section Five. Effective date.

 JUSTIFICATION :
Reflecting their danger to society, and failure to learn from a past
mistake, repeat offenders of Boating While Intoxicated (BWI),
Snowmobiling While Intoxicated (SWI) and Driving While Intoxicated
(DWI) laws are subject to increased penalties including revocation of
operator privileges, large fines and possible incarceration. However,
because there is no linkage in statute between these offenses, it is
possible to be convicted in separate cases of operating a vessel, a
car, a snowmobile and an all terrain vehicle and be treated as a first
time offender in each instance despite four violations of similar
laws. Several cases have occurred where a BWI offense has been
committed, causing injury and damage losses to others, by a person
whose driving privileges were at the time revoked in connection with a
DWI conviction.  The tragic death of Tiffany Heitkamp is one of these
cases. Tiffany, a young Syracuse-area woman, was killed in July 2006
while traveling as a passenger in a boat being operated by an
intoxicated individual.  The individual operating the boat had a
record of alcohol-related automobile incidents. Because there is
currently no link between BWIs, DWIs, and SWIs, this individual could
only be charged as if this were his first BWI.

Providing a link between various laws prohibiting operation while
under the influence will hold violators accountable for a history of
irresponsible behavior operating a powerful and potentially deadly
motorized vehicle.

 LEGISLATIVE HISTORY :
S.4451 of 1997-98; S.4217-A of 1999-2000; S.377 of 2001-02; S.1671 of
2003-04; S.52 of 2005-2006; S.3271-2007-08

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law and shall apply to convictions occurring on
and after such date.

2009-S2917 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2917

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 5, 2009
                               ___________

Introduced  by Sens. DeFRANCISCO, ALESI, BONACIC, GRIFFO, LAVALLE, MORA-
  HAN, PADAVAN, SALAND, SEWARD, VOLKER -- read twice and ordered  print-
  ed,  and  when printed to be committed to the Committee on Transporta-
  tion

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:

  Section 1. Short title. This act shall be known and may  be  cited  as
"Tiffany Heitkamp's law".
  S  2.  Section  49-a  of the navigation law is amended by adding a new
subdivision 14 to read as follows:
  14. EFFECT OF PRIOR CONVICTION FOR OPERATION OF A MOTOR VEHICLE, SNOW-
MOBILE, OR ALL TERRAIN VEHICLE WHILE UNDER THE INFLUENCE OF  ALCOHOL  OR
DRUGS.  A  PRIOR CONVICTION FOR OPERATION OF A MOTOR VEHICLE WHILE UNDER
THE INFLUENCE OF ALCOHOL OR DRUGS  PURSUANT  TO  SUBDIVISION  ONE,  TWO,
THREE  OR  FOUR  OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
TRAFFIC LAW, A PRIOR CONVICTION FOR  OPERATION  OF  A  SNOWMOBILE  ON  A
STREET OR HIGHWAY WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PURSUANT
TO SUBDIVISION ONE OF SECTION 25.24 OF THE PARKS, RECREATION AND HISTOR-
IC  PRESERVATION  LAW,  OR  A  PRIOR  CONVICTION FOR OPERATION OF AN ALL
TERRAIN VEHICLE WHILE IN AN INTOXICATED CONDITION OR UNDER THE INFLUENCE
OF NARCOTICS OR DRUGS PURSUANT TO PARAGRAPH (H) OF  SUBDIVISION  ONE  OF
SECTION TWENTY-FOUR HUNDRED FOUR OF THE VEHICLE AND TRAFFIC LAW SHALL BE
DEEMED  TO  BE  A  PRIOR CONVICTION OF A VIOLATION OF ANY SUBDIVISION OF
THIS SECTION FOR PURPOSES OF DETERMINING PENALTIES IMPOSED  PURSUANT  TO
PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, AND SHALL BE DEEMED TO
BE  A  PRIOR CONVICTION OF A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E)
OF SUBDIVISION TWO OF THIS SECTION FOR PURPOSES OF DETERMINING PENALTIES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09654-01-9

S. 2917                             2

IMPOSED PURSUANT TO PARAGRAPH (F) OF  SUCH  SUBDIVISION,  AND  SHALL  BE
DEEMED  TO  BE  A PRIOR CONVICTION OF A VIOLATION OF PARAGRAPH (B), (C),
(D) OR (E) OF SUBDIVISION TWO OF THIS SECTION FOR PURPOSES OF  DETERMIN-
ING PENALTIES IMPOSED PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH (A) OF
SUBDIVISION THREE OF THIS SECTION.
  S 3.  Section 25.24 of the parks, recreation and historic preservation
law is amended by adding a new subdivision 4-a to read as follows:
  4-A.  A  PRIOR  CONVICTION  FOR  OPERATION OF A VESSEL WHILE UNDER THE
INFLUENCE OF ALCOHOL OR DRUGS PURSUANT TO  SUBDIVISION  TWO  OF  SECTION
FORTY-NINE-A  OF THE NAVIGATION LAW, A PRIOR CONVICTION FOR OPERATION OF
A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR  DRUGS  PURSUANT
TO  SUBDIVISION  ONE, TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINE-
TY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR A PRIOR CONVICTION FOR  OPERA-
TION  OF  AN  ALL  TERRAIN  VEHICLE WHILE IN AN INTOXICATED CONDITION OR
UNDER THE INFLUENCE OF NARCOTICS OR DRUGS PURSUANT TO PARAGRAPH  (H)  OF
SUBDIVISION  ONE  OF SECTION TWENTY-FOUR HUNDRED FOUR OF THE VEHICLE AND
TRAFFIC LAW SHALL BE DEEMED TO BE A PRIOR CONVICTION OF  PARAGRAPH  (B),
(C), OR (D) OF SUBDIVISION ONE OF THIS SECTION OR OF OPERATING A SNOWMO-
BILE  WHILE  INTOXICATED OR UNDER THE INFLUENCE OF DRUGS FOR PURPOSES OF
DETERMINING PENALTIES IMPOSED PURSUANT TO PARAGRAPH (E)  OF  SUBDIVISION
ONE  OF THIS SECTION AND SUBPARAGRAPH THREE OF PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION, AND SHALL BE DEEMED TO BE A  PRIOR  CONVICTION
OF  ANY  PARAGRAPH  OF  SUBDIVISION  ONE OF THIS SECTION FOR PURPOSES OF
DETERMINING PENALTIES IMPOSED PURSUANT TO SUBPARAGRAPH ONE AND  SUBPARA-
GRAPH TWO OF PARAGRAPH (D) OF SUBDIVISION SIX OF THIS SECTION.
  S  4. Section 1192 of the vehicle and traffic law is amended by adding
a new subdivision 8-b to read as follows:
  8-B. EFFECT OF PRIOR CONVICTION FOR OPERATION OF A VESSEL, SNOWMOBILE,
OR ALL TERRAIN VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.  A
PRIOR  CONVICTION FOR OPERATION OF A VESSEL WHILE UNDER THE INFLUENCE OF
ALCOHOL OR DRUGS PURSUANT TO SUBDIVISION TWO OF SECTION FORTY-NINE-A  OF
THE  NAVIGATION LAW, A PRIOR CONVICTION FOR OPERATION OF A SNOWMOBILE ON
A STREET OR HIGHWAY WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PURSU-
ANT TO SUBDIVISION ONE OF SECTION 25.24 OF  THE  PARKS,  RECREATION  AND
HISTORIC PRESERVATION LAW, OR A PRIOR CONVICTION FOR OPERATION OF AN ALL
TERRAIN VEHICLE WHILE IN AN INTOXICATED CONDITION OR UNDER THE INFLUENCE
OF  NARCOTICS  OR  DRUGS PURSUANT TO PARAGRAPH (H) OF SUBDIVISION ONE OF
SECTION TWENTY-FOUR HUNDRED FOUR OF THIS CHAPTER SHALL BE DEEMED TO BE A
PRIOR CONVICTION OF A VIOLATION OF SUBDIVISION ONE OF THIS  SECTION  FOR
PURPOSES  OF  DETERMINING  PENALTIES IMPOSED PURSUANT TO THIS SECTION OR
FOR PURPOSES OF ANY ADMINISTRATIVE ACTION REQUIRED TO BE TAKEN  PURSUANT
TO  SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS ARTI-
CLE.
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to convictions  occurring  on
and after such date.

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