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

                                  1790

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  GRIFFO, LARKIN, LAVALLE, MAZIARZ --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Transportation

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,
TWO-A, THREE, FOUR, FOUR-A, FIVE OR SIX OF SECTION ELEVEN HUNDRED  NINE-
TY-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 HISTORIC PRESERVATION LAW, OR A  PRIOR  CONVICTION
FOR  OPERATION  OF AN ALL TERRAIN VEHICLE WHILE IN AN INTOXICATED CONDI-
TION OR UNDER THE INFLUENCE OF NARCOTICS OR DRUGS PURSUANT TO  PARAGRAPH
(H)  OF SUBDIVISION ONE OF SECTION TWENTY-FOUR HUNDRED FOUR OF THE VEHI-
CLE 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

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

                                                           LBD01503-02-3

S. 1790                             2

PURPOSES OF DETERMINING PENALTIES 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  DETERMINING  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,  TWO-A,  THREE, FOUR, FOUR-A, FIVE OR SIX OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC 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  PARAGRAPH  (B), (C), OR (D) OF SUBDIVISION ONE OF
THIS SECTION OR OF OPERATING A SNOWMOBILE WHILE INTOXICATED OR UNDER THE
INFLUENCE OF DRUGS FOR PURPOSES OF DETERMINING PENALTIES IMPOSED  PURSU-
ANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION AND SUBPARAGRAPH
THREE  OF PARAGRAPH (A) OF SUBDIVISION 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 SUBPARAGRAPH 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
or after such date.