S T A T E   O F   N E W   Y O R K
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                                  1419

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
  Committee on Transportation

AN ACT to amend the navigation law, in relation to increasing the penal-
  ties for persons leaving the  scene  of  a  boating  accident  without
  making a report

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 2 of section 47 of the naviga-
tion law, as amended by chapter 297 of the laws of 2009, is  amended  to
read as follows:
  (b)  The  first  violation  of the provisions of paragraph (a) of this
subdivision involving personal injury to another person resulting solely
from the failure of a vessel operator to provide the name and address of
the vessel owner and/or the identification number of  the  vessel  shall
constitute  a  class  [B] A misdemeanor punishable by a fine of not less
than two hundred fifty nor more than five hundred dollars in addition to
any other penalties provided by law. Any subsequent such violation after
a conviction for such violation within the preceding  five  years  shall
constitute  a class [A misdemeanor] E FELONY punishable by a fine of not
less than five hundred nor more than one thousand dollars in addition to
any other penalties provided by law. Any violation of the provisions  of
paragraph  (a)  of  this  subdivision,  other than the mere failure of a
vessel operator to provide the name and  address  of  the  vessel  owner
and/or the identification number of the vessel, shall constitute a class
[A  misdemeanor]  E  FELONY,  punishable by a fine of not less than five
hundred nor more than one thousand dollars  in  addition  to  any  other
penalties  provided  by  law.  Any  such violation committed by a person
after such person has previously been  convicted  of  such  a  violation
shall  constitute a class [E] D felony, punishable by a fine of not less
than one thousand nor more than two thousand  five  hundred  dollars  in
addition  to  any  other penalties provided by law. Any violation of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01660-01-5
              

A. 1419                             2

provisions of paragraph (a) of this subdivision,  other  than  the  mere
failure  of  a  vessel  operator  to provide the name and address of the
vessel owner and/or the identification number of the  vessel  where  the
personal  injury  involved  (i)  results  in serious physical injury, as
defined in section 10.00 of the penal law, or where a person has  disap-
peared  under the water as the result of the incident shall constitute a
class [E] D felony or (ii) results in death shall constitute a class [D]
C felony.
  S 2. Subdivision 2 of section 73-c of the navigation law,  as  amended
by chapter 320 of the laws of 2007, is amended to read as follows:
  2. Every person convicted of a violation for a violation of any of the
provisions  of  this  article  or of any ordinance, order, rule or regu-
lation adopted pursuant to this article for which another penalty is not
provided shall for a first conviction thereof [be punished] CONSTITUTE A
CLASS B MISDEMEANOR PUNISHABLE by a fine of not less  than  one  hundred
nor more than two hundred fifty dollars [or by imprisonment for not more
than  seven  days  or by both such fine and imprisonment] IN ADDITION TO
ANY OTHER PENALTIES PROVIDED BY  LAW;  for  a  conviction  of  a  second
violation,  both  of which were committed within a period of twenty-four
months, such [person shall be punished] CONVICTION  SHALL  CONSTITUTE  A
CLASS  A  MISDEMEANOR  PUNISHABLE by a fine of not less than two hundred
fifty nor more than five hundred dollars [or by imprisonment of not more
than fifteen days or by both such fine and imprisonment] IN ADDITION  TO
ANY  OTHER  PENALTIES  PROVIDED BY LAW; upon a conviction for a third or
subsequent violation, all of which were committed  within  a  period  of
twenty-four months, such [person] CONVICTION shall [be punished] CONSTI-
TUTE A CLASS E FELONY PUNISHABLE by a fine of not less than five hundred
nor more than one thousand dollars [or by imprisonment for not more than
thirty  days  or  by both such fine and imprisonment] IN ADDITION TO ANY
OTHER PENALTIES PROVIDED BY LAW.
  S 3. Section 47-b of the navigation law, as added by  chapter  587  of
the laws of 2003, is amended to read as follows:
  S  47-b.  Report  to  the  commissioner  required upon accident. Every
person operating a vessel, including, but not limited to,  rowboats  and
canoes,  upon  the navigable waters of the state, or on any other waters
within the boundaries of the state, which is in any manner  involved  in
an  accident, in which any person is killed, injured or disappears under
the water, or in which damage to the property of any one person, includ-
ing himself or herself, in excess of one thousand dollars  is  sustained
shall,  within five days after such accident, report the matter in writ-
ing to the commissioner. If the owner is not involved in  such  accident
or is incapacitated, the owner shall, within five days after learning of
the  facts  of  such  accident,  report  the  matter to the commissioner
together with such information as may have come to the owner's knowledge
relating to such accident. Every such operator of a vessel, or surviving
participant in any such accident, or the owner of the vessel involved in
any such accident, shall make such other and additional reports  as  the
commissioner may require. A violation of this section shall constitute a
[violation]  CLASS  A  MISDEMEANOR punishable by a fine of not less than
twenty-five nor more than one hundred dollars. Nothing contained in this
section shall be deemed to supersede the provisions  of  section  forty-
seven of this article.
  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.