S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    474
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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] THEIR 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
 imprisonment  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
 snowmobile 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] SUCH PERSON has .08 of one per centum or  more
 by  weight  of  alcohol  in  [his or her] THEIR blood, breath, urine, or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01973-01-5
 A. 474                              2
 
 saliva, as  determined  by  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 SUCH PERSON HAS .16 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL
 IN  THEIR 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.
 A. 474                              3
 
   § 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.