S T A T E   O F   N E W   Y O R K
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                                  4733--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- 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 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the vehicle and traffic law, in  relation  to  including
   prior  convictions  of operation of a vessel while under the influence
   of alcohol or drugs as prior convictions of driving while intoxicated
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be  known  and  may  be cited as "Bryan
 Johnson's Law".
   § 2. 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 CONVICTIONS OF OPERATION OF A VESSEL WHILE UNDER
 THE INFLUENCE OF ALCOHOL OR DRUGS. A PRIOR CONVICTION FOR OPERATION OF A
 VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL  OR  DRUGS  UNDER  PARAGRAPH
 (B),  (C),  (D) OR (E) OF SUBDIVISION TWO OF SECTION FORTY-NINE-A OF THE
 NAVIGATION LAW WITHIN THE PRECEDING TEN YEARS SHALL BE CONSIDERED BY THE
 COURT FOR PURPOSES OF DETERMINING PENALTIES IMPOSED FOR A  VIOLATION  OF
 SUBDIVISION  TWO,  TWO-A,  THREE,  FOUR OR FOUR-A OF 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 ARTICLE.
 A PRIOR CONVICTION FOR OPERATION OF A VESSEL WHILE UNDER  THE  INFLUENCE
 OF  ALCOHOL OR DRUGS UNDER PARAGRAPH (A), (B), (C), (D) OR (E) OF SUBDI-
 VISION TWO OF SECTION FORTY-NINE-A OF  THE  NAVIGATION  LAW  WITHIN  THE
 PRECEDING  FIVE  YEARS  SHALL BE CONSIDERED BY THE COURT FOR PURPOSES OF
 DETERMINING PENALTIES IMPOSED FOR A VIOLATION OF SUBDIVISION ONE OF 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  ARTICLE.    A PRIOR CONVICTION FOR OPERATION OF A VESSEL WHILE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08258-02-2
              

 S. 4733--A                          2
 
 UNDER THE INFLUENCE OF ALCOHOL OR DRUGS UNDER PARAGRAPH (A),  (B),  (C),
 (D)  OR (E) OF SUBDIVISION TWO OF SECTION FORTY-NINE-A OF THE NAVIGATION
 LAW WITHIN THE PRECEDING TEN YEARS SHALL BE CONSIDERED BY THE COURT  FOR
 PURPOSES  OF DETERMINING PENALTIES IMPOSED UPON A PERSON FOR A VIOLATION
 OF ANY SUBDIVISION OF THIS SECTION AFTER HAVING BEEN  CONVICTED  TWO  OR
 MORE  TIMES  FOR  A  VIOLATION  OF THIS SECTION WITHIN THE PRECEDING TEN
 YEARS OR FOR PURPOSES OF ANY ADMINISTRATIVE ACTION REQUIRED TO BE  TAKEN
 PURSUANT  TO  SUBDIVISION  TWO OF SECTION ELEVEN HUNDRED NINETY-THREE OF
 THIS ARTICLE.
   § 3. This act shall take effect on the  first  of  November  after  it
 shall have become a law.