S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2369
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the parks, recreation and historic preservation law,  in
   relation  to increasing the penalties for operating a snowmobile while
   intoxicated
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  (a),  (b) and (e) of subdivision 1 of section
 25.24 of the parks, recreation and historic preservation law, paragraphs
 (a) and (b) as amended by chapter 311 of the laws of 2007 and  paragraph
 (e)  as added by chapter 629 of the laws of 1998, are amended to read as
 follows:
   (a) No person shall operate  a  snowmobile  upon  a  street,  highway,
 public  trails,  lands,  bodies of water, or private property of another
 while his or her ability to operate such snowmobile 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  two  hundred
 fifty dollars nor more than three hundred fifty dollars, or by imprison-
 ment 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 snowmo-
 bile 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  fifteen hundred dollars, or by imprisonment of not more
 than thirty days in a penitentiary or county jail or by both  such  fine
 and imprisonment.
   (b) (1) No such person shall operate a snowmobile upon a street, high-
 way,  public  trails,  lands,  bodies  of  water, or private property of
 another while he or she has .08 of one per centum or more by  weight  of
 alcohol  in his or her blood, breath, urine, or saliva, as determined by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01343-01-1
              

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 the chemical test made pursuant to the provisions of subdivision six  of
 this section.
   (2)  NO SUCH PERSON SHALL OPERATE A SNOWMOBILE UPON A STREET, HIGHWAY,
 PUBLIC TRAILS, LANDS, BODIES OF WATER, OR PRIVATE  PROPERTY  OF  ANOTHER
 WHILE  HE  OR SHE HAS .16 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL
 IN HIS OR HER BLOOD, BREATH, URINE, OR  SALIVA,  AS  DETERMINED  BY  THE
 CHEMICAL TEST MADE PURSUANT TO THE PROVISIONS OF SUBDIVISION SIX OF THIS
 SECTION.
   (e) (1) A violation of SUBPARAGRAPH ONE OF paragraph (b), OR PARAGRAPH
 (c)[,]  or  (d)  of this subdivision shall be a misdemeanor and shall be
 punishable by imprisonment in a penitentiary or county jail for not more
 than ninety days, or by a fine of not  less  than  three  hundred  fifty
 dollars  nor  more  than  five hundred dollars, or by both such fine and
 imprisonment.
   (2) A person who operates a snowmobile in  violation  of  SUBPARAGRAPH
 ONE  OF  paragraph  (b),  OR PARAGRAPH (c)[,] or (d) of this subdivision
 after having been convicted of a violation of SUBPARAGRAPH ONE OF  para-
 graph (b), OF PARAGRAPH (c)[,] or (d) of this subdivision, or of operat-
 ing  a  snowmobile  while  intoxicated  or  while under the influence of
 drugs, within the preceding ten years, shall be guilty of a  misdemeanor
 and  shall be punished by imprisonment for not more than one year, or by
 a fine of not less than five  hundred  dollars  nor  more  than  fifteen
 hundred dollars, or by both such fine and imprisonment.
   (3)  A  person  who operates a snowmobile in violation of SUBPARAGRAPH
 ONE OF paragraph (b), OR PARAGRAPH (c)[,] or  (d)  of  this  subdivision
 after  having been twice convicted of a violation of SUBPARAGRAPH ONE OF
 paragraph (b), OR PARAGRAPH (c)[,] or (d) of  this  subdivision,  or  of
 operating  a  snowmobile  while  intoxicated  or  under the influence of
 drugs, within the preceding ten years, shall be  guilty  of  a  class  E
 felony  and  shall  be  punished by a fine of not less than five hundred
 dollars nor more than five thousand dollars or by a period of  imprison-
 ment  as  provided  in the penal law, or by both such fine and imprison-
 ment.
   (4) (I) A VIOLATION OF SUBPARAGRAPH  TWO  OF  PARAGRAPH  (B)  OF  THIS
 SUBDIVISION  SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY IMPRISON-
 MENT IN A PENITENTIARY OR COUNTY JAIL FOR  NOT  MORE  THAN  ONE  HUNDRED
 EIGHTY  DAYS,  OR  BY  A FINE OF NOT LESS THAN SEVEN HUNDRED DOLLARS NOR
 MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (II) A PERSON WHO OPERATES A SNOWMOBILE IN VIOLATION  OF  SUBPARAGRAPH
 TWO  OF PARAGRAPH (B) OF THIS SUBDIVISION AFTER HAVING BEEN CONVICTED OF
 A VIOLATION OF SUBPARAGRAPH ONE OR TWO OF PARAGRAPH  (B),  OR  PARAGRAPH
 (C)  OR  (D)  OF  THIS  SUBDIVISION,  OR OF OPERATING A SNOWMOBILE 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 FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN  THREE  THOU-
 SAND  DOLLARS  OR  BY  A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL
 LAW, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (III) A PERSON WHO OPERATES A SNOWMOBILE IN VIOLATION OF  SUBPARAGRAPH
 TWO  OF  PARAGRAPH  (B)  OF  THIS  SUBDIVISION  AFTER  HAVING BEEN TWICE
 CONVICTED OF A VIOLATION OF SUBPARAGRAPH ONE OR TWO OF PARAGRAPH (B), OR
 PARAGRAPH (C) OR (D) OF THIS SUBDIVISION, OR OF OPERATING  A  SNOWMOBILE
 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 ONE 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.

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   §  2. 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.  SENTENCING; PREVIOUS CONVICTIONS. WHEN SENTENCING A PERSON FOR A
 VIOLATION OF PARAGRAPH (B), (C)  OR  (D)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION  PURSUANT  TO SUBPARAGRAPH TWO OR THREE, OR CLAUSE (II) OR (III)
 OF SUBPARAGRAPH FOUR  OF  PARAGRAPH  (E)  OF  SUBDIVISION  ONE  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  OR
 SUBDIVISION TWO OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW WITHIN THE
 PRECEDING TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF SUBPAR-
 AGRAPH  TWO  OF  PARAGRAPH  (A)  OF SUBDIVISION ONE 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 OR SUBDIVISION TWO OF SECTION FORTY-NINE-A OF
 THE NAVIGATION LAW WITHIN THE PRECEDING FIVE YEARS.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.