NY State Assembly Bill 2015-A1597

Assembly Bill A1597

Signed By Governor

2015-2016 Legislative Session

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

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Archive: Last Bill Status - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 16, 2016	signed chap.239
Aug 08, 2016	delivered to governor
Jun 02, 2016	returned to assembly passed senate 3rd reading cal.649 substituted for s3785a
Jun 01, 2016	referred to transportation delivered to senate passed assembly
May 26, 2016	advanced to third reading cal.739
May 24, 2016	reported
May 17, 2016	reported referred to codes
May 03, 2016	print number 1597a
May 03, 2016	amend and recommit to transportation
Jan 06, 2016	referred to transportation
Jan 12, 2015	referred to transportation

Votes

- Jun 2, 2016 - Floor Vote
  A1597
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2016
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (4)
      
      Croci
      
      Diaz
      
      Panepinto
      
      Parker

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A1597 - Details

Law Section:: Navigation Law
Laws Affected:: Amd §49-a, Nav L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7451
2013-2014: A3804

2015-A1597 - Summary

Enacts "Tiffany Heitkamp's law"; relates to the effect of prior conviction for operation of certain vehicles while intoxicated upon imposition of penalties for boating while intoxicated.

2015-A1597 - Bill Text download pdf

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

                                  1597

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. MAGNARELLI, JAFFEE, SCHIMMINGER, ROBERTS, LAVINE,
  ZEBROWSKI,  GUNTHER,  ROSENTHAL, GALEF, SCHIMEL, HOOPER -- Multi-Spon-
  sored by -- M. of A. GOTTFRIED  --  read  once  and  referred  to  the
  Committee on Transportation

AN  ACT  to amend the navigation 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.  Paragraphs  (a) and (f) of subdivision 2 of section 49-a of the
navigation law, as amended by chapter 151  of  the  laws  of  2006,  are
amended to read as follows:
  (a)  No  person  shall  operate  a vessel upon the waters of the state
while his ability to operate such vessel is impaired by the  consumption
of  alcohol.  A  violation  of  this subdivision shall be an offense and
shall be punishable by a fine of not less than three hundred dollars nor
more than five hundred dollars, or by imprisonment in a penitentiary  or
county  jail  for  not  more than fifteen days, or by both such fine and
imprisonment. A person who operates a vessel in violation of this subdi-
vision after being convicted of a violation of any subdivision  of  this
section  OR  OF  ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THE VEHICLE AND TRAFFIC LAW within the preceding  five  years  shall  be
punished  by  a fine of not less than five hundred dollars nor more than
seven hundred fifty dollars, or by imprisonment of not more than  thirty
days in a penitentiary or county jail or by both such fine and imprison-
ment.  A  person  who operates a vessel in violation of this subdivision
after being convicted two or more times of a violation of  any  subdivi-
sion  of  this  section, OR OF A VIOLATION OF ANY SUBDIVISION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND  TRAFFIC  LAW,  OR  OF  ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01754-01-5

A. 1597                             2

COMBINATION  OF TWO OR MORE SUCH CONVICTIONS NOT ARISING OUT OF THE SAME
INCIDENT within the preceding ten years shall be guilty of  a  misdemea-
nor,  and  shall  be  punished  by a fine of not less than seven hundred
fifty  dollars nor more than fifteen hundred dollars, or by imprisonment
of not more than one hundred eighty days in  a  penitentiary  or  county
jail or by both such fine and imprisonment.
  (f)  A violation of paragraph (b), (c), (d) or (e) of this subdivision
shall be a misdemeanor and shall be  punishable  by  imprisonment  in  a
penitentiary  or county jail for not more than one year, or by a fine of
not less than five hundred dollars nor more than one  thousand  dollars,
or by both such fine and imprisonment. A person who operates a vessel in
violation  of  paragraph  (b), (c), (d) or (e) of this subdivision after
having been convicted of a violation of paragraph (b), (c), (d)  or  (e)
of  this  subdivision,  or  of operating a vessel or public vessel while
intoxicated or while under the influence of  drugs,  OR  OF  SUBDIVISION
TWO,  TWO-A,  THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO
OF THE VEHICLE AND TRAFFIC LAW within the preceding ten years, shall  be
guilty  of  a class E felony and shall be punished by a period of impri-
sonment as provided in the penal law, or by a fine of not less than  one
thousand  dollars  nor  more than five thousand dollars, or by both such
fine and imprisonment. A person who operates a vessel  in  violation  of
paragraph  (b),  (c),  (d)  or (e) of this subdivision after having been
twice convicted of a violation of any of such paragraph (b), (c), (d) or
(e) of this subdivision or of operating a vessel or public vessel  while
intoxicated or under the influence of drugs, OR OF A VIOLATION OF SUBDI-
VISION TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINE-
TY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR OF ANY COMBINATION OF TWO SUCH
CONVICTIONS  NOT  ARISING  OUT OF THE SAME INCIDENT within the preceding
ten years, shall be guilty of a class D felony and shall be punished  by
a  fine of not less than two thousand dollars nor more than ten thousand
dollars or by a period of imprisonment as provided in the penal law,  or
by both such fine and imprisonment.
  S  3. Subparagraph 3 of paragraph (a) of subdivision 3 of section 49-a
of the navigation law, as added by chapter 805 of the laws of  1992,  is
amended to read as follows:
  (3)  a  period  of twenty-four months where a person is convicted of a
violation of paragraph (b), (c), (d) or (e) of subdivision two  of  this
section  after  having  been  convicted of a violation of paragraph (b),
(c), (d) or (e) of subdivision two of this section  or  of  operating  a
vessel  or  public  vessel  while  intoxicated or under the influence of
drugs OR OF A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR FOUR-A
OF SECTION ELEVEN HUNDRED NINETY-TWO OF  THE  VEHICLE  AND  TRAFFIC  LAW
within the preceding ten years.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A1597A (ACTIVE) - Details

Law Section:: Navigation Law
Laws Affected:: Amd §49-a, Nav L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7451
2013-2014: A3804

2015-A1597A (ACTIVE) - Summary

Enacts "Tiffany Heitkamp's law"; relates to the effect of prior conviction for operation of certain vehicles while intoxicated upon imposition of penalties for boating while intoxicated.

2015-A1597A (ACTIVE) - Bill Text download pdf

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

                                 1597--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by M. of A. MAGNARELLI, JAFFEE, SCHIMMINGER, LAVINE, ZEBROW-
  SKI, GUNTHER, ROSENTHAL, GALEF, SCHIMEL, HOOPER -- Multi-Sponsored  by
  --  M.  of A.  GOTTFRIED -- read once and referred to the Committee on
  Transportation -- recommitted to the Committee  on  Transportation  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the navigation 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.  Paragraphs  (a) and (f) of subdivision 2 of section 49-a of the
navigation law, as amended by chapter 151  of  the  laws  of  2006,  are
amended to read as follows:
  (a)  No  person  shall  operate  a vessel upon the waters of the state
while his OR HER ability to operate  such  vessel  is  impaired  by  the
consumption  of alcohol. (1) A violation of this subdivision shall be an
offense and shall be punishable by a fine of not less than three hundred
dollars nor more than five hundred dollars,  or  by  imprisonment  in  a
penitentiary  or  county jail for not more than fifteen days, or by both
such fine and imprisonment. (2)  A  person  who  operates  a  vessel  in
violation  of  this  subdivision after being convicted of a violation of
any subdivision of this section within the preceding five years shall be
punished by a fine of not less than five hundred dollars nor  more  than
seven  hundred fifty dollars, or by imprisonment of not more than thirty
days in a penitentiary or county jail or by both such fine and imprison-
ment. (3) A person who operates a vessel in violation of  this  subdivi-
sion  after  being  convicted  two  or  more times of a violation of any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01754-04-6

A. 1597--A                          2

subdivision of this section within the  preceding  ten  years  shall  be
guilty  of  a  misdemeanor,  and shall be punished by a fine of not less
than seven hundred fifty dollars nor more than fifteen hundred  dollars,
or  by  imprisonment of not more than one hundred eighty days in a peni-
tentiary or county jail or by both such fine and imprisonment.
  (f)(1) A violation of paragraph (b), (c), (d) or (e) of this  subdivi-
sion shall be a misdemeanor and shall be punishable by imprisonment in a
penitentiary  or county jail for not more than one year, or by a fine of
not less than five hundred dollars nor more than one  thousand  dollars,
or  by  both  such  fine  and  imprisonment. (2) A person who operates a
vessel in violation of paragraph (b), (c), (d) or (e) of  this  subdivi-
sion  after  having been convicted of a violation of paragraph (b), (c),
(d) or (e) of this subdivision, or  of  operating  a  vessel  or  public
vessel  while  intoxicated or while under the influence of drugs, within
the preceding ten years, shall be guilty of a class E felony  and  shall
be punished by a period of imprisonment as provided in the penal law, or
by a fine of not less than one thousand dollars nor more than five thou-
sand  dollars,  or  by both such fine and imprisonment. (3) A person who
operates a vessel in violation of paragraph (b), (c), (d) or (e) of this
subdivision after having been twice convicted of a violation of  any  of
such  paragraph (b), (c), (d) or (e) of this subdivision or of operating
a vessel or public vessel while intoxicated or under  the  influence  of
drugs,  within  the  preceding  ten  years, shall be guilty of a class D
felony and shall be punished by a fine of not  less  than  two  thousand
dollars  nor  more than ten thousand dollars or by a period of imprison-
ment as provided in the penal law, or by both such  fine  and  imprison-
ment.
  S  3.  Section  49-a  of the navigation law is amended by adding a new
subdivision 5-a to read as follows:
  5-A. SENTENCING; PREVIOUS CONVICTIONS. WHEN SENTENCING A PERSON FOR  A
VIOLATION  OF  PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION TWO OF THIS
SECTION PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH (F) OF SUBDIVISION TWO
OF THIS SECTION, THE COURT SHALL  CONSIDER  ANY  PRIOR  CONVICTIONS  THE
PERSON  MAY  HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A THREE, FOUR,
OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND  TRAF-
FIC  LAW  WITHIN THE PRECEDING TEN YEARS. WHEN SENTENCING A PERSON FOR A
VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION TWO  OF  THIS
SECTION  PURSUANT  TO SUBPARAGRAPH THREE OF PARAGRAPH (F) OF SUBDIVISION
TWO OF THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS  THE
PERSON  MAY HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR,
OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND  TRAF-
FIC  LAW  WITHIN THE PRECEDING TEN YEARS. WHEN SENTENCING A PERSON FOR A
VIOLATION OF SUBPARAGRAPH TWO OF PARAGRAPH (A)  OF  SUBDIVISION  TWO  OF
THIS  SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON
MAY HAVE FOR A VIOLATION OF ANY SUBDIVISION OF  SECTION  ELEVEN  HUNDRED
NINETY-TWO  OF  THE  VEHICLE  AND  TRAFFIC LAW WITHIN THE PRECEDING FIVE
YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF SUBPARAGRAPH THREE OF
PARAGRAPH (A) OF SUBDIVISION  TWO  OF  THIS  SECTION,  THE  COURT  SHALL
CONSIDER  ANY  PRIOR  CONVICTIONS THE PERSON MAY HAVE FOR A VIOLATION OF
ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE  AND
TRAFFIC LAW WITHIN THE PRECEDING TEN YEARS.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Assembly Bill A1597

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Sponsored By

MAGNARELLI

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Ellen C. Jaffee

Robin Schimminger

Charles Lavine

Kenneth Zebrowski

multi-Sponsors

Richard Gottfried

2015-A1597 - Details

2015-A1597 - Summary

2015-A1597 - Bill Text download pdf

co-Sponsors

Ellen C. Jaffee

Robin Schimminger

Charles Lavine

Kenneth Zebrowski

multi-Sponsors

Richard Gottfried

2015-A1597A (ACTIVE) - Details

2015-A1597A (ACTIVE) - Summary

2015-A1597A (ACTIVE) - Bill Text download pdf

Comments