S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8542
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 23, 2019
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the navigation law and the penal  law,  in  relation  to
   operating a vessel while intoxicated when a child who is fifteen years
   of age or less is a passenger in such vessel

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 49-a  of  the  navigation  law  is
 amended by adding two new paragraphs (e-1) and (g) to read as follows:
   (E-1)  NO PERSON SHALL OPERATE A VESSEL IN VIOLATION OF PARAGRAPH (A),
 (B), (C), (D), OR (E) OF THIS SUBDIVISION WHILE A CHILD WHO  IS  FIFTEEN
 YEARS OF AGE OR LESS IS A PASSENGER IN SUCH VESSEL.
   (G)  WHERE  A LAW ENFORCEMENT OFFICER ALLEGES A VIOLATION OF PARAGRAPH
 (E-1) OF THIS SUBDIVISION AND THE OPERATOR OF THE VESSEL  IS  A  PARENT,
 GUARDIAN, CUSTODIAN OF, OR OTHER PERSON LEGALLY RESPONSIBLE FOR, A CHILD
 WHO  IS  FIFTEEN YEARS OF AGE OR LESS WHO IS A PASSENGER IN SUCH VESSEL,
 SUCH OFFICER SHALL REPORT OR CAUSE A REPORT TO  BE  MADE  IN  ACCORDANCE
 WITH TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES LAW, IF APPLICABLE.
   §  2.  Subparagraphs  2  and  3  of paragraph (f) of subdivision 2 and
 subdivision 5-a of section 49-a of the navigation law, as amended by and
 subdivision 5-a as added by chapter 239 of the laws of 2016, are amended
 to read as follows:
   (2) 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,  within  the  preceding  ten  years,  OR  A  PERSON
 CONVICTED  OF  A VIOLATION OF PARAGRAPH (E-1) OF THIS SUBDIVISION, 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 thousand dollars, or by both
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13537-02-9

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 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, OR A PERSON CONVICTED OF A VIOLATION OF PARAGRAPH
 (E-1) OF THIS SUBDIVISION AFTER HAVING BEEN CONVICTED OF A VIOLATION  OF
 SUCH  PARAGRAPH  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.
   5-a.  Sentencing; previous convictions. When sentencing a person for a
 violation of paragraph (b), (c), (d) [or], (e) OR (E-1)  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  traffic  law  within  the  preceding  ten years. When
 sentencing a person for a violation of paragraph (b), (c), (d) [or], (e)
 OR (E-1) 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 traffic 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.
   §  3.  Subparagraph 3 of paragraph (a) of subdivision 3, subdivision 5
 and paragraph (a) of subdivision 7 of section  49-a  of  the  navigation
 law, as added by chapter 805 of the laws of 1992, are 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 within the preceding  ten  years,  OR  A  PERSON  CONVICTED  OF  A
 VIOLATION OF PARAGRAPH (E-1) OF SUBDIVISION TWO OF THIS SECTION.
   5.  Sentencing limitations. Notwithstanding any provision of the penal
 law, no judge or magistrate shall impose  a  sentence  of  unconditional
 discharge  for a violation of paragraph (b), (c), (d) [or], (e) OR (E-1)
 of subdivision two of this section nor shall he or she impose a sentence
 of conditional discharge unless such conditional discharge  is  accompa-
 nied by a sentence of a fine as provided in this section.
   (a)  Any person who operates a vessel on the waters of the state shall
 be requested to consent to a chemical test of one or more of the follow-
 ing: breath, blood, urine, or saliva for the purpose of determining  the
 alcoholic  or  drug  content  of  his  blood, provided that such test is

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 administered at the direction of a police officer: (1) having reasonable
 cause to believe such person to have been operating in violation of this
 subdivision or paragraph (a), (b), (c), (d) [or], (e) OR (E-1) of subdi-
 vision  two  of  this section and within two hours after such person has
 been placed under arrest for any such violation or (2) within two  hours
 after  a  breath test as provided in paragraph (b) of subdivision six of
 this section indicates that alcohol has been consumed by such person and
 in accordance with the rules and regulations established by  the  police
 force of which the officer is a member.
   §  4.  Subdivision 1 of section 120.03 of the penal law, as amended by
 chapter 732 of the laws of 2006, is amended to read as follows:
   (1) operates a motor vehicle in violation of subdivision  two,  three,
 four  or  four-a of section eleven hundred ninety-two of the vehicle and
 traffic law or operates a vessel or public vessel in violation of  para-
 graph  (b),  (c),  (d)  [or], (e) OR (E-1) of subdivision two of section
 forty-nine-a of the navigation law, and as a result of such intoxication
 or impairment by the use of a drug, or  by  the  combined  influence  of
 drugs  or of alcohol and any drug or drugs, operates such motor vehicle,
 vessel or public vessel in a manner that causes  such  serious  physical
 injury to such other person, or
   §  5.  Subdivision  6  of section 120.04 of the penal law, as added by
 chapter 496 of the laws of 2009, is amended to read as follows:
   (6) commits such crime while operating a motor vehicle OR VESSEL while
 a child who is fifteen years of age or less is a passenger in such motor
 vehicle OR VESSEL and causes serious physical injury to such child.
   § 6. Subdivision 1 of section 125.12 of the penal law, as  amended  by
 chapter 732 of the laws of 2006, is amended to read as follows:
   (1)  operates  a motor vehicle in violation of subdivision two, three,
 four or four-a of section eleven hundred ninety-two of the  vehicle  and
 traffic  law or operates a vessel or public vessel in violation of para-
 graph (b), (c), (d) [or], (e) OR (E-1) of  subdivision  two  of  section
 forty-nine-a of the navigation law, and as a result of such intoxication
 or  impairment  by  the  use  of a drug, or by the combined influence of
 drugs or of alcohol and any drug or drugs, operates such motor  vehicle,
 vessel  or public vessel in a manner that causes the death of such other
 person, or
   § 7. Subdivision 6 of section 125.13 of the penal  law,  as  added  by
 chapter 496 of the laws of 2009, is amended to read as follows:
   (6) commits such crime while operating a motor vehicle OR VESSEL while
 a child who is fifteen years of age or less is a passenger in such motor
 vehicle OR VESSEL and causes the death of such child.
   § 8. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.