Bill S1790-2013

Makes certain convictions for operating under the influence predicates for other operating under the influence convictions

Provides that a conviction for operation of a motor vehicle, snowmobile, or all terrain vehicle while under the influence of alcohol or drugs shall be deemed a prior conviction for the purpose of imposing penalties for boating while under the influence of alcohol or drugs and a conviction for operating a vessel, snowmobile or all terrain vehicle under the influence to be a prior conviction of operating a motor vehicle while under the influence.

Details

Actions

  • May 20, 2014: referred to transportation
  • May 20, 2014: DELIVERED TO ASSEMBLY
  • May 20, 2014: PASSED SENATE
  • May 19, 2014: ADVANCED TO THIRD READING
  • May 14, 2014: 2ND REPORT CAL.
  • May 13, 2014: 1ST REPORT CAL.645
  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Feb 12, 2013: referred to transportation
  • Feb 11, 2013: DELIVERED TO ASSEMBLY
  • Feb 11, 2013: PASSED SENATE
  • Feb 5, 2013: ADVANCED TO THIRD READING
  • Feb 4, 2013: 2ND REPORT CAL.
  • Jan 29, 2013: 1ST REPORT CAL.19
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Transportation - Jan 29, 2013
Ayes (19): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Smith, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Gipson
VOTE: COMMITTEE VOTE: - Transportation - May 13, 2014
Ayes (18): Robach, Marcellino, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Young, Zeldin, Avella, Diaz, Kennedy, Perkins, Squadron, Stavisky, Gipson
Excused (1): Dilan

Memo

BILL NUMBER:S1790

TITLE OF BILL: An act to amend the navigation law, the parks, recreation and historic preservation law and the vehicle and traffic law, in relation to the effect of prior conviction for operation of certain vehicles while intoxicated upon imposition of penalties for boating while intoxicated

PURPOSE: To improve highway, marine and recreational vehicle safety by increasing the penalties for repeat offenders of laws prohibiting operation while under the influence of alcohol or drugs.

SUMMARY OF PROVISIONS:

Section One. Names this act "Tiffany Heitkamp's law."

Section Two. Amends Navigation Law § 49-a by adding a new subdivision 14 to deem a prior conviction for operation of a motor vehicle, snowmobile or all terrain vehicle while under the influence of alcohol or drugs to be a prior conviction of operating a vessel while under the influence of alcohol or drugs, for the purpose of imposing penalties subject to such section.

Section Three. Amends Parks, Recreation and Historic Preservation Law

§ 25.24 by adding a new subdivision 4-a to deem a prior conviction for operation of a vessel, motor vehicle or all terrain vehicle while under the influence of alcohol or drugs to be a prior conviction of operating a snowmobile while under the influence of alcohol or drugs, for the purpose of imposing penalties subject to such section.

Section Four. Amends Vehicle and Traffic Law § 1192 by adding a new subdivision 8-b to deem a prior conviction for operation of a vessel, snowmobile or all terrain vehicle while under the influence of alcohol or drugs to be a prior conviction of operating a motor vehicle while under the influence of alcohol or drugs, for the purpose of imposing penalties subject to such section or § 1193 of the Vehicle and Traffic Law.

Section Five. Effective date.

JUSTIFICATION: Reflecting their danger to society, and failure to learn from a past mistake, repeat offenders of Boating While Intoxicated (BWI), Snowmobiling While Intoxicated (SWI) and Driving While Intoxicated (DWI) laws are subject to increased penalties including revocation of operator privileges, large fines and possible incarceration. However, because there is no linkage in statute between these offenses, it is possible to be convicted in separate cases of operating a vessel, a car, a snowmobile and an all terrain vehicle and be treated as a first time offender in each instance despite four violations of similar laws. Several cases have occurred where a BWI offense has been committed, causing injury and damage losses to others, by a person whose driving privileges were at the time revoked in connection with a DWI conviction. The tragic death of Tiffany Heitkamp is one of these cases. Tiffany, a young Syracuse-area woman, was killed in July 2006 while traveling as a passenger in a boat being

operated by an intoxicated individual. The individual operating the boat had a record of alcohol-related automobile incidents. Because there is currently no link between BWIs, DWIs, and SWIs, this individual could only be charged as if this were his first BWI.

Providing a link between various laws prohibiting operation while under the influence will hold violators accountable for a history of irresponsible behavior operating a powerful and potentially deadly motorized vehicle.

LEGISLATIVE HISTORY: S.4451 of 1997-98; S.4217-A of 1999-2000; S.377 of 2001-02; S.1671 of 2003-04; S.52 of 2005-2006; S.3271-2007-08; S.2917-2009-10; S.2860-2011-2012

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law and shall apply to convictions occurring on and after such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 1790 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. DeFRANCISCO, GRIFFO, LARKIN, LAVALLE, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the navigation law, the parks, recreation and historic preservation law and the vehicle and traffic 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: Section 1. Short title. This act shall be known and may be cited as "Tiffany Heitkamp's law". S 2. Section 49-a of the navigation law is amended by adding a new subdivision 14 to read as follows: 14. EFFECT OF PRIOR CONVICTION FOR OPERATION OF A MOTOR VEHICLE, SNOW- MOBILE, OR ALL TERRAIN VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. A PRIOR CONVICTION FOR OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PURSUANT TO SUBDIVISION ONE, TWO, TWO-A, THREE, FOUR, FOUR-A, FIVE OR SIX OF SECTION ELEVEN HUNDRED NINE- TY-TWO OF THE VEHICLE AND TRAFFIC LAW, A PRIOR CONVICTION FOR OPERATION OF A SNOWMOBILE ON A STREET OR HIGHWAY WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PURSUANT TO SUBDIVISION ONE OF SECTION 25.24 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW, OR A PRIOR CONVICTION FOR OPERATION OF AN ALL TERRAIN VEHICLE WHILE IN AN INTOXICATED CONDI- TION OR UNDER THE INFLUENCE OF NARCOTICS OR DRUGS PURSUANT TO PARAGRAPH (H) OF SUBDIVISION ONE OF SECTION TWENTY-FOUR HUNDRED FOUR OF THE VEHI- CLE AND TRAFFIC LAW SHALL BE DEEMED TO BE A PRIOR CONVICTION OF A VIOLATION OF ANY SUBDIVISION OF THIS SECTION FOR PURPOSES OF DETERMINING PENALTIES IMPOSED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, AND SHALL BE DEEMED TO BE A PRIOR CONVICTION OF A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION TWO OF THIS SECTION FOR
PURPOSES OF DETERMINING PENALTIES IMPOSED PURSUANT TO PARAGRAPH (F) OF SUCH SUBDIVISION, AND SHALL BE DEEMED TO BE A PRIOR CONVICTION OF A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION TWO OF THIS SECTION FOR PURPOSES OF DETERMINING PENALTIES IMPOSED PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION. S 3. 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. A PRIOR CONVICTION FOR OPERATION OF A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PURSUANT TO SUBDIVISION TWO OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW, A PRIOR CONVICTION FOR OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PURSUANT TO SUBDIVISION ONE, TWO, TWO-A, THREE, FOUR, FOUR-A, FIVE OR SIX OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR A PRIOR CONVICTION FOR OPERATION OF AN ALL TERRAIN VEHICLE WHILE IN AN INTOXICATED CONDITION OR UNDER THE INFLUENCE OF NARCOTICS OR DRUGS PURSUANT TO PARAGRAPH (H) OF SUBDIVISION ONE OF SECTION TWENTY-FOUR HUNDRED FOUR OF THE VEHICLE AND TRAFFIC LAW SHALL BE DEEMED TO BE A PRIOR CONVICTION OF PARAGRAPH (B), (C), OR (D) OF SUBDIVISION ONE OF THIS SECTION OR OF OPERATING A SNOWMOBILE WHILE INTOXICATED OR UNDER THE INFLUENCE OF DRUGS FOR PURPOSES OF DETERMINING PENALTIES IMPOSED PURSU- ANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION AND SUBPARAGRAPH THREE OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, AND SHALL BE DEEMED TO BE A PRIOR CONVICTION OF ANY PARAGRAPH OF SUBDIVISION ONE OF THIS SECTION FOR PURPOSES OF DETERMINING PENALTIES IMPOSED PURSUANT TO SUBPARAGRAPH ONE AND SUBPARAGRAPH TWO OF PARAGRAPH (D) OF SUBDIVISION SIX OF THIS SECTION. S 4. 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 CONVICTION FOR OPERATION OF A VESSEL, SNOWMOBILE, OR ALL TERRAIN VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. A PRIOR CONVICTION FOR OPERATION OF A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PURSUANT TO SUBDIVISION TWO OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW, A PRIOR CONVICTION FOR OPERATION OF A SNOWMOBILE ON A STREET OR HIGHWAY WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PURSU- ANT TO SUBDIVISION ONE OF SECTION 25.24 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW, OR A PRIOR CONVICTION FOR OPERATION OF AN ALL TERRAIN VEHICLE WHILE IN AN INTOXICATED CONDITION OR UNDER THE INFLUENCE OF NARCOTICS OR DRUGS PURSUANT TO PARAGRAPH (H) OF SUBDIVISION ONE OF SECTION TWENTY-FOUR HUNDRED FOUR OF THIS CHAPTER SHALL BE DEEMED TO BE A PRIOR CONVICTION OF A VIOLATION OF SUBDIVISION ONE OF THIS SECTION FOR PURPOSES OF DETERMINING PENALTIES IMPOSED PURSUANT TO 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 ARTI- CLE. S 5. This act shall take effect on the one hundred twentieth day after it shall have become a law and shall apply to convictions occurring on or after such date.

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