Bill Text: NY A03804 | 2013-2014 | General Assembly | Introduced
Bill Title: Enacts "Tiffany Heitkamp's law"; relates to the effect of prior conviction for operation of certain vehicles while intoxicated upon imposition of penalties for boating while intoxicated.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2014-05-28 - reported referred to codes [A03804 Detail]
Download: New_York-2013-A03804-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3804 2013-2014 Regular Sessions I N A S S E M B L Y January 29, 2013 ___________ Introduced by M. of A. MAGNARELLI, WEISENBERG, JAFFEE, SCHIMMINGER, ROBERTS, LAVINE, ZEBROWSKI, GUNTHER, ROSENTHAL, GALEF, SCHIMEL, HOOPER -- Multi-Sponsored by -- M. of A. BOYLAND, GOTTFRIED, SWEENEY -- read once and referred to the Committee on Transportation AN ACT to amend the navigation law, in relation to the effect of prior conviction for operation of certain vehicles while intoxicated upon imposition of penalties for boating while intoxicated THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Tiffany Heitkamp's law". 3 S 2. Paragraphs (a) and (f) of subdivision 2 of section 49-a of the 4 navigation law, as amended by chapter 151 of the laws of 2006, are 5 amended to read as follows: 6 (a) No person shall operate a vessel upon the waters of the state 7 while his ability to operate such vessel is impaired by the consumption 8 of alcohol. A violation of this subdivision shall be an offense and 9 shall be punishable by a fine of not less than three hundred dollars nor 10 more than five hundred dollars, or by imprisonment in a penitentiary or 11 county jail for not more than fifteen days, or by both such fine and 12 imprisonment. A person who operates a vessel in violation of this subdi- 13 vision after being convicted of a violation of any subdivision of this 14 section OR OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF 15 THE VEHICLE AND TRAFFIC LAW within the preceding five years shall be 16 punished by a fine of not less than five hundred dollars nor more than 17 seven hundred fifty dollars, or by imprisonment of not more than thirty 18 days in a penitentiary or county jail or by both such fine and imprison- 19 ment. A person who operates a vessel in violation of this subdivision 20 after being convicted two or more times of a violation of any subdivi- 21 sion of this section, OR OF A VIOLATION OF ANY SUBDIVISION OF SECTION 22 ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR OF ANY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01503-01-3 A. 3804 2 1 COMBINATION OF TWO OR MORE SUCH CONVICTIONS NOT ARISING OUT OF THE SAME 2 INCIDENT within the preceding ten years shall be guilty of a misdemea- 3 nor, and shall be punished by a fine of not less than seven hundred 4 fifty dollars nor more than fifteen hundred dollars, or by imprisonment 5 of not more than one hundred eighty days in a penitentiary or county 6 jail or by both such fine and imprisonment. 7 (f) A violation of paragraph (b), (c), (d) or (e) of this subdivision 8 shall be a misdemeanor and shall be punishable by imprisonment in a 9 penitentiary or county jail for not more than one year, or by a fine of 10 not less than five hundred dollars nor more than one thousand dollars, 11 or by both such fine and imprisonment. A person who operates a vessel in 12 violation of paragraph (b), (c), (d) or (e) of this subdivision after 13 having been convicted of a violation of paragraph (b), (c), (d) or (e) 14 of this subdivision, or of operating a vessel or public vessel while 15 intoxicated or while under the influence of drugs, OR OF SUBDIVISION 16 TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO 17 OF THE VEHICLE AND TRAFFIC LAW within the preceding ten years, shall be 18 guilty of a class E felony and shall be punished by a period of impri- 19 sonment as provided in the penal law, or by a fine of not less than one 20 thousand dollars nor more than five thousand dollars, or by both such 21 fine and imprisonment. A person who operates a vessel in violation of 22 paragraph (b), (c), (d) or (e) of this subdivision after having been 23 twice convicted of a violation of any of such paragraph (b), (c), (d) or 24 (e) of this subdivision or of operating a vessel or public vessel while 25 intoxicated or under the influence of drugs, OR OF A VIOLATION OF SUBDI- 26 VISION TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINE- 27 TY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR OF ANY COMBINATION OF TWO SUCH 28 CONVICTIONS NOT ARISING OUT OF THE SAME INCIDENT within the preceding 29 ten years, shall be guilty of a class D felony and shall be punished by 30 a fine of not less than two thousand dollars nor more than ten thousand 31 dollars or by a period of imprisonment as provided in the penal law, or 32 by both such fine and imprisonment. 33 S 3. Subparagraph 3 of paragraph (a) of subdivision 3 of section 49-a 34 of the navigation law, as added by chapter 805 of the laws of 1992, is 35 amended to read as follows: 36 (3) a period of twenty-four months where a person is convicted of a 37 violation of paragraph (b), (c), (d) or (e) of subdivision two of this 38 section after having been convicted of a violation of paragraph (b), 39 (c), (d) or (e) of subdivision two of this section or of operating a 40 vessel or public vessel while intoxicated or under the influence of 41 drugs OR OF A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR FOUR-A 42 OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW 43 within the preceding ten years. 44 S 4. This act shall take effect on the first of November next succeed- 45 ing the date on which it shall have become a law.