S T A T E O F N E W Y O R K
________________________________________________________________________
947
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sens. GAUGHRAN, KAMINSKY, KAPLAN -- read twice and ordered
printed, and when printed to be committed to the Committee on Trans-
portation
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03782-01-1
S. 947 2
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
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-
S. 947 3
ing: breath, blood, urine, or saliva for the purpose of determining the
alcoholic or drug content of his blood, provided that such test is
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.
