NY State Senate Bill 2015-S3785A

Senate Bill S3785A

Signed By Governor

2015-2016 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 Via A1597 - 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

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	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 02, 2016	substituted by a1597a
May 18, 2016	amended on third reading (t) 3785a
May 09, 2016	advanced to third reading
May 05, 2016	2nd report cal.
May 04, 2016	1st report cal.649
Jan 06, 2016	referred to transportation returned to senate died in assembly
Jun 16, 2015	referred to transportation delivered to assembly passed senate ordered to third reading cal.1610 committee discharged and committed to rules
Feb 17, 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
  Jun 16, 2015 - Floor Vote
  S3785A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  May 4, 2016 - Transportation Committee Vote
  S3785A
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 4, 2016
      
      aye (17)
      
      Avella
      
      Dilan
      
      Gallivan
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      Martins
      
      O'Mara
      
      Panepinto
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      excused (2)
      
      Diaz
      
      Nozzolio
  Jun 16, 2015 - Rules Committee Vote
  S3785A
  
  24
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2015
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (1)
      
      Perkins

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S3785 - Details

See Assembly Version of this Bill:: A1597
Law Section:: Navigation Law
Laws Affected:: Amd §49-a, Nav L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2917
2011-2012: S2860, A7451
2013-2014: S1790, A3804

2015-S3785 - 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-S3785 - Sponsor Memo

                                BILL NUMBER:S3785

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;
S.2917-2009-10;
S.2860-2011-20121
S.1790-2013-2014

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.

2015-S3785 - Bill Text download pdf

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

                                  3785

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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
PURPOSES  OF  DETERMINING PENALTIES IMPOSED PURSUANT TO PARAGRAPH (F) OF
SUCH SUBDIVISION, AND SHALL BE DEEMED TO BE  A  PRIOR  CONVICTION  OF  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01754-02-5

S. 3785                             2

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.

co-Sponsors

2015-S3785A (ACTIVE) - Details

See Assembly Version of this Bill:: A1597
Law Section:: Navigation Law
Laws Affected:: Amd §49-a, Nav L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2917
2011-2012: S2860, A7451
2013-2014: S1790, A3804

2015-S3785A (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-S3785A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3785A

 TITLE OF BILL :  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

 PURPOSE :

To improve highway and marine vehicle safety by requiring judges to
take into account prior convictions for Driving While Intoxicated
(DWI) when sentencing someone convicted of Boating While Intoxicated
(BWI).

 SUMMARY OF PROVISIONS :

Section 1: Names this act "Tiffany Heitkamp's law."

Section 2: Amends paragraphs (a) and (f) of subdivision 2 of section
49-a of the Navigation Law to make technical corrections.

Section 3: Amends Section 49-a of the Navigation Law by adding a new
subdivision 5-a. This new section states that a sentencing court shall
consider prior DWI convictions in the past ten years when sentencing a
defendant for a BWI.

Section 4: Establishes the effective date.

 JUSTIFICATION :

Reflecting their danger to society, and failure to learn from a past
mistake, repeat offenders of Boating While Intoxicated (BWI) 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 or car and be sentenced as a
first time offender in each instance despite previous 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 person operating the boat had a record of
DWIs. Because there is currently no link between BWIs and DWIs, this
individual was sentenced as if he was a first-time offender in a boat.

This legislation would require a sentencing judge in a BWI case to
consider past car DWI offenses. Creating this requirement would direct
a judge to impose a higher sentence in these situations. Those who
repeatedly violate intoxicated operation laws should not be given
leniency because they have re-offended in a boat versus a car.

 LEGISLATIVE HISTORY :

2005-06: A.5678,
2007-08: A.6970
2009-10: S.2917,
2011-12, A.7451-B,
2013-14: A.3804.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2015-S3785A (ACTIVE) - Bill Text download pdf

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

                                 3785--A
    Cal. No. 649

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  AVELLA,  VALESKY  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Transportation  --  recommitted  to the Committee on Transportation in
  accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

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.

                                                           LBD01754-06-6

S. 3785--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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Senate Bill S3785A

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Sponsored By

John A. DeFrancisco

Archive: Last Bill Status Via A1597 - Signed by Governor

Bill Amendments

co-Sponsors

Tony Avella

David J. Valesky

2015-S3785 - Details

2015-S3785 - Summary

2015-S3785 - Sponsor Memo

2015-S3785 - Bill Text download pdf

co-Sponsors

Tony Avella

David Carlucci

Jack M. Martins

David J. Valesky

2015-S3785A (ACTIVE) - Details

2015-S3785A (ACTIVE) - Summary

2015-S3785A (ACTIVE) - Sponsor Memo

2015-S3785A (ACTIVE) - Bill Text download pdf

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