S1790-2013 Actions

• 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

S1790-2013 Meetings

S1790-2013 Calendars

S1790-2013 Votes

S1790-2013 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.

S1790-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1790
 2013-2014 Regular Sessions
 I N  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01503-02-3
 
       S. 1790                             2
 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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