Bill Text: NY A08542 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to operating a vessel while intoxicated when a child who is fifteen years of age or less is a passenger in such vessel.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-08-23 - referred to transportation [A08542 Detail]

Download: New_York-2019-A08542-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8542

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     August 23, 2019
                                       ___________

        Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
          Committee on Transportation

        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:

     1    Section 1. Subdivision 2 of section 49-a  of  the  navigation  law  is
     2  amended by adding two new paragraphs (e-1) and (g) to read as follows:
     3    (e-1)  No person shall operate a vessel in violation of paragraph (a),
     4  (b), (c), (d), or (e) of this subdivision while a child who  is  fifteen
     5  years of age or less is a passenger in such vessel.
     6    (g)  Where  a law enforcement officer alleges a violation of paragraph
     7  (e-1) of this subdivision and the operator of the vessel  is  a  parent,
     8  guardian, custodian of, or other person legally responsible for, a child
     9  who  is  fifteen years of age or less who is a passenger in such vessel,
    10  such officer shall report or cause a report to  be  made  in  accordance
    11  with title six of article six of the social services law, if applicable.
    12    §  2.  Subparagraphs  2  and  3  of paragraph (f) of subdivision 2 and
    13  subdivision 5-a of section 49-a of the navigation law, as amended by and
    14  subdivision 5-a as added by chapter 239 of the laws of 2016, are amended
    15  to read as follows:
    16    (2) A person who operates a vessel in violation of paragraph (b), (c),
    17  (d) or (e)  of  this  subdivision  after  having  been  convicted  of  a
    18  violation  of  paragraph (b), (c), (d) or (e) of this subdivision, or of
    19  operating a vessel or public vessel while intoxicated or while under the
    20  influence of  drugs,  within  the  preceding  ten  years,  or  a  person
    21  convicted  of  a violation of paragraph (e-1) of this subdivision, shall
    22  be guilty of a class E felony and shall  be  punished  by  a  period  of
    23  imprisonment as provided in the penal law, or by a fine of not less than
    24  one  thousand  dollars  nor  more than five thousand dollars, or by both

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13537-02-9

        A. 8542                             2

     1  such fine and imprisonment.   (3) A person  who  operates  a  vessel  in
     2  violation  of  paragraph  (b), (c), (d) or (e) of this subdivision after
     3  having been twice convicted of a violation of any of such paragraph (b),
     4  (c),  (d)  or (e) of this subdivision or of operating a vessel or public
     5  vessel while intoxicated or under the influence  of  drugs,  within  the
     6  preceding  ten  years, or a person convicted of a violation of paragraph
     7  (e-1) of this subdivision after having been convicted of a violation  of
     8  such  paragraph  within  the  preceding  ten years, shall be guilty of a
     9  class D felony and shall be punished by a fine  of  not  less  than  two
    10  thousand  dollars  nor  more than ten thousand dollars or by a period of
    11  imprisonment as provided in the penal law, or  by  both  such  fine  and
    12  imprisonment.
    13    5-a.  Sentencing; previous convictions. When sentencing a person for a
    14  violation of paragraph (b), (c), (d) [or], (e) or (e-1)  of  subdivision
    15  two  of  this  section  pursuant to subparagraph two of paragraph (f) of
    16  subdivision two of this section, the  court  shall  consider  any  prior
    17  convictions  the  person  may  have  for a violation of subdivision two,
    18  two-a, three, four, or four-a of section eleven  hundred  ninety-two  of
    19  the  vehicle  and  traffic  law  within  the  preceding  ten years. When
    20  sentencing a person for a violation of paragraph (b), (c), (d) [or], (e)
    21  or (e-1) of subdivision two of this  section  pursuant  to  subparagraph
    22  three  of  paragraph  (f)  of subdivision two of this section, the court
    23  shall consider any prior convictions the person may have for a violation
    24  of subdivision two, two-a, three, four,  or  four-a  of  section  eleven
    25  hundred  ninety-two  of the vehicle and traffic law within the preceding
    26  ten years. When sentencing a person for a violation of subparagraph  two
    27  of  paragraph  (a)  of  subdivision two of this section, the court shall
    28  consider any prior convictions the person may have for  a  violation  of
    29  any  subdivision of section eleven hundred ninety-two of the vehicle and
    30  traffic law within the preceding five years. When  sentencing  a  person
    31  for  a  violation  of subparagraph three of paragraph (a) of subdivision
    32  two of this section, the court shall consider any prior convictions  the
    33  person  may  have  for  a violation of any subdivision of section eleven
    34  hundred ninety-two of the vehicle and traffic law within  the  preceding
    35  ten years.
    36    §  3.  Subparagraph 3 of paragraph (a) of subdivision 3, subdivision 5
    37  and paragraph (a) of subdivision 7 of section  49-a  of  the  navigation
    38  law, as added by chapter 805 of the laws of 1992, are amended to read as
    39  follows:
    40    (3)  a  period  of twenty-four months where a person is convicted of a
    41  violation of paragraph (b), (c), (d) or (e) of subdivision two  of  this
    42  section  after  having  been  convicted of a violation of paragraph (b),
    43  (c), (d) or (e) of subdivision two of this section  or  of  operating  a
    44  vessel  or  public  vessel  while  intoxicated or under the influence of
    45  drugs within the preceding  ten  years,  or  a  person  convicted  of  a
    46  violation of paragraph (e-1) of subdivision two of this section.
    47    5.  Sentencing limitations. Notwithstanding any provision of the penal
    48  law, no judge or magistrate shall impose  a  sentence  of  unconditional
    49  discharge  for a violation of paragraph (b), (c), (d) [or], (e) or (e-1)
    50  of subdivision two of this section nor shall he or she impose a sentence
    51  of conditional discharge unless such conditional discharge  is  accompa-
    52  nied by a sentence of a fine as provided in this section.
    53    (a)  Any person who operates a vessel on the waters of the state shall
    54  be requested to consent to a chemical test of one or more of the follow-
    55  ing: breath, blood, urine, or saliva for the purpose of determining  the
    56  alcoholic  or  drug  content  of  his  blood, provided that such test is

        A. 8542                             3

     1  administered at the direction of a police officer: (1) having reasonable
     2  cause to believe such person to have been operating in violation of this
     3  subdivision or paragraph (a), (b), (c), (d) [or], (e) or (e-1) of subdi-
     4  vision  two  of  this section and within two hours after such person has
     5  been placed under arrest for any such violation or (2) within two  hours
     6  after  a  breath test as provided in paragraph (b) of subdivision six of
     7  this section indicates that alcohol has been consumed by such person and
     8  in accordance with the rules and regulations established by  the  police
     9  force of which the officer is a member.
    10    §  4.  Subdivision 1 of section 120.03 of the penal law, as amended by
    11  chapter 732 of the laws of 2006, is amended to read as follows:
    12    (1) operates a motor vehicle in violation of subdivision  two,  three,
    13  four  or  four-a of section eleven hundred ninety-two of the vehicle and
    14  traffic law or operates a vessel or public vessel in violation of  para-
    15  graph  (b),  (c),  (d)  [or], (e) or (e-1) of subdivision two of section
    16  forty-nine-a of the navigation law, and as a result of such intoxication
    17  or impairment by the use of a drug, or  by  the  combined  influence  of
    18  drugs  or of alcohol and any drug or drugs, operates such motor vehicle,
    19  vessel or public vessel in a manner that causes  such  serious  physical
    20  injury to such other person, or
    21    §  5.  Subdivision  6  of section 120.04 of the penal law, as added by
    22  chapter 496 of the laws of 2009, is amended to read as follows:
    23    (6) commits such crime while operating a motor vehicle or vessel while
    24  a child who is fifteen years of age or less is a passenger in such motor
    25  vehicle or vessel and causes serious physical injury to such child.
    26    § 6. Subdivision 1 of section 125.12 of the penal law, as  amended  by
    27  chapter 732 of the laws of 2006, is amended to read as follows:
    28    (1)  operates  a motor vehicle in violation of subdivision two, three,
    29  four or four-a of section eleven hundred ninety-two of the  vehicle  and
    30  traffic  law or operates a vessel or public vessel in violation of para-
    31  graph (b), (c), (d) [or], (e) or (e-1) of  subdivision  two  of  section
    32  forty-nine-a of the navigation law, and as a result of such intoxication
    33  or  impairment  by  the  use  of a drug, or by the combined influence of
    34  drugs or of alcohol and any drug or drugs, operates such motor  vehicle,
    35  vessel  or public vessel in a manner that causes the death of such other
    36  person, or
    37    § 7. Subdivision 6 of section 125.13 of the penal  law,  as  added  by
    38  chapter 496 of the laws of 2009, is amended to read as follows:
    39    (6) commits such crime while operating a motor vehicle or vessel while
    40  a child who is fifteen years of age or less is a passenger in such motor
    41  vehicle or vessel and causes the death of such child.
    42    § 8. This act shall take effect on the one hundred eightieth day after
    43  it shall have become a law.
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