Bill S339-2013

Increases the penalties for persons leaving the scene of a boating accident

Increases the penalties for persons leaving the scene of a boating accident.

Details

Actions

  • May 12, 2014: referred to transportation
  • May 12, 2014: DELIVERED TO ASSEMBLY
  • May 12, 2014: PASSED SENATE
  • May 6, 2014: ADVANCED TO THIRD READING
  • May 5, 2014: 2ND REPORT CAL.
  • Apr 30, 2014: 1ST REPORT CAL.475
  • Jan 8, 2014: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • May 22, 2013: referred to transportation
  • May 22, 2013: DELIVERED TO ASSEMBLY
  • May 22, 2013: PASSED SENATE
  • May 21, 2013: ORDERED TO THIRD READING CAL.708
  • May 21, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 9, 2013: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Cultural Affairs, Tourism, Parks and Recreation - Apr 30, 2014
Ayes (12): Little, Bonacic, Griffo, Grisanti, Marcellino, Marchione, Ritchie, Serrano, Kennedy, Hoylman, Gipson, O'Brien

Memo

BILL NUMBER:S339               REVISED 1/11/13

TITLE OF BILL: An act to amend the navigation law, in relation to increasing the penalties for persons leaving the scene of a boating accident without making a report

PURPOSE: This legislation increases the penalties for the crime of leaving the scene of a boating accident and makes the penalties consistent with the similar crime concerning automobiles. Additionally, this bill increases the penalties for failing to make a report to the Transportation Commissioner after a boating accident.

SUMMARY OF PROVISIONS:

Section 1 -- Amends paragraph (b) of subdivision 2 of section 47 of the Navigation Law and increases the penalties for leaving the scene of a boating accident when a person knows or should know there has been an injury to another person. A first offense shall be increased from a B to an A misdemeanor and a second offense within five years of the first offense shall be increased from an A misdemeanor to an E felony.

Section 2 - Amends subdivision 2 of section 73-c of the Navigation Law and increases the penalties for the crime of leaving the scene of a boating accident without reporting. A first offense shall be a B misdemeanor and a second offense committed within twenty-four months of the first shall be an A misdemeanor. Additionally, if a third offense is committed and all three offenses are committed within twenty-four months, then the third offense shall be punished as an E felony.

Section 3 -- Amends section 47-b of the Navigation Law and increases the penalty for failing to report to the Transportation Commissioner after a boating accident. This amendment increases the penalty from a violation to an A misdemeanor.

Section 4 -- Effective date.

JUSTIFICATION: During the summer of 2007, two tragic boating accidents occurred on Central New York lakes. After both accidents, the irresponsible boaters who were the cause of the accidents left the accident scenes without even attempting to help the injured boaters, find assistance, or notify the authorities.

Sadly, the penalties that can be imposed for leaving the scene of a boating accident are weak and not even consistent with the penalties that can be imposed for similar crimes that occur on roadways.

This is illogical, inconsistent, and must be changed. This legislation increases the penalties for leaving the scene of a boating accident and makes the penalties consistent with the penalties that can be imposed for leaving the scene of a motor vehicle accident.

LEGISLATIVE HISTORY: S.3760/A.7450 of 2011-2012 S.4311 of 2009-2010 S.6657 of 2008 (Passed Senate)

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: November 1 next succeeding the date on which this act shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 339 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation AN ACT to amend the navigation law, in relation to increasing the penal- ties for persons leaving the scene of a boating accident without making a report THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 2 of section 47 of the naviga- tion law, as amended by chapter 297 of the laws of 2009, is amended to read as follows: (b) The first violation of the provisions of paragraph (a) of this subdivision involving personal injury to another person resulting solely from the failure of a vessel operator to provide the name and address of the vessel owner and/or the identification number of the vessel shall constitute a class [B] A misdemeanor punishable by a fine of not less than two hundred fifty nor more than five hundred dollars in addition to any other penalties provided by law. Any subsequent such violation after a conviction for such violation within the preceding five years shall constitute a class [A misdemeanor] E FELONY punishable by a fine of not less than five hundred nor more than one thousand dollars in addition to any other penalties provided by law. Any violation of the provisions of paragraph (a) of this subdivision, other than the mere failure of a vessel operator to provide the name and address of the vessel owner and/or the identification number of the vessel, shall constitute a class [A misdemeanor] E FELONY, punishable by a fine of not less than five hundred nor more than one thousand dollars in addition to any other penalties provided by law. Any such violation committed by a person after such person has previously been convicted of such a violation shall constitute a class [E] D felony, punishable by a fine of not less
than one thousand nor more than two thousand five hundred dollars in addition to any other penalties provided by law. Any violation of the provisions of paragraph (a) of this subdivision, other than the mere failure of a vessel operator to provide the name and address of the vessel owner and/or the identification number of the vessel where the personal injury involved (i) results in serious physical injury, as defined in section 10.00 of the penal law, or where a person has disap- peared under the water as the result of the incident shall constitute a class [E] D felony or (ii) results in death shall constitute a class [D] C felony. S 2. Subdivision 2 of section 73-c of the navigation law, as amended by chapter 320 of the laws of 2007, is amended to read as follows: 2. Every person convicted of a violation for a violation of any of the provisions of this article or of any ordinance, order, rule or regu- lation adopted pursuant to this article for which another penalty is not provided shall for a first conviction thereof [be punished] CONSTITUTE A CLASS B MISDEMEANOR PUNISHABLE by a fine of not less than one hundred nor more than two hundred fifty dollars [or by imprisonment for not more than seven days or by both such fine and imprisonment] IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW; for a conviction of a second violation, both of which were committed within a period of twenty-four months, such [person shall be punished] CONVICTION SHALL CONSTITUTE A CLASS A MISDEMEANOR PUNISHABLE by a fine of not less than two hundred fifty nor more than five hundred dollars [or by imprisonment of not more than fifteen days or by both such fine and imprisonment] IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW; upon a conviction for a third or subsequent violation, all of which were committed within a period of twenty-four months, such [person] CONVICTION shall [be punished] CONSTI- TUTE A CLASS E FELONY PUNISHABLE by a fine of not less than five hundred nor more than one thousand dollars [or by imprisonment for not more than thirty days or by both such fine and imprisonment] IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW. S 3. Section 47-b of the navigation law, as added by chapter 587 of the laws of 2003, is amended to read as follows: S 47-b. Report to the commissioner required upon accident. Every person operating a vessel, including, but not limited to, rowboats and canoes, upon the navigable waters of the state, or on any other waters within the boundaries of the state, which is in any manner involved in an accident, in which any person is killed, injured or disappears under the water, or in which damage to the property of any one person, includ- ing himself or herself, in excess of one thousand dollars is sustained shall, within five days after such accident, report the matter in writ- ing to the commissioner. If the owner is not involved in such accident or is incapacitated, the owner shall, within five days after learning of the facts of such accident, report the matter to the commissioner together with such information as may have come to the owner's knowledge relating to such accident. Every such operator of a vessel, or surviving participant in any such accident, or the owner of the vessel involved in any such accident, shall make such other and additional reports as the commissioner may require. A violation of this section shall constitute a [violation] CLASS A MISDEMEANOR punishable by a fine of not less than twenty-five nor more than one hundred dollars. Nothing contained in this section shall be deemed to supersede the provisions of section forty- seven of this article. S 4. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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