Bill S771-2013

Relates to operating a vessel while under the influence of alcohol or drugs

Relates to operating a vessel while under the influence of alcohol or drugs; provides that no person shall operate a vessel while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva; provided, further, that no person shall operate a vessel in violation of paragraph (b) of this section while a child who is fifteen years of age or less is a passenger in such vessel; relates to the effect of prior convictions for operation of certain vehicles while intoxicated upon imposition of penalties for boating while intoxicated; requires all persons who operate a mechanically propelled vessel to hold a boating safety certificate.

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  • Jun 21, 2013: COMMITTED TO RULES
  • Feb 5, 2013: ADVANCED TO THIRD READING
  • Feb 4, 2013: 2ND REPORT CAL.
  • Jan 29, 2013: 1ST REPORT CAL.14
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Meetings

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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

Memo

BILL NUMBER:S771

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 operating a vessel while under the influence of alcohol or drugs

PURPOSE: To update laws on boating while intoxicated (BWI) and provide a measure of cohesiveness across the board for intoxicated operation of any vehicle.

SUMMARY OF PROVISIONS: Section 1 amends section 49-a of the Navigation Law to add provisions prohibiting aggravated BWI (.18 blood alcohol content or operating intoxicated with a child passenger) as well as operating under the combined influence of drugs and alcohol. Creates motor vehicle driver license suspensions for BWI convictions as well boating privilege suspensions for driving while intoxicated (DWI) convictions. Makes clear that a prior conviction for operating any other vehicle under the influence shall be considered a prior BWI for purposes of the enhanced penalty provisions for multiple BWIs.

Section 2 amends section 25.24 of the Parks, Recreation and Historic Preservation Law (PRHPL) to make clear that a prior conviction for operating any other vehicle while under the influence shall be considered a prior snowmobiling while intoxicated (SWI) conviction for purposes of the enhanced penalty provisions for multiple SWI convictions.

Section 3 amends section 1193 of the VTL to make clear that a prior conviction for operating any other vehicle while under the influences shall be considered a DWI conviction for purposes of the enhanced penalty provisions for multiple DWI convictions.

Section 4 amends section 510 of the VTL to include driver license suspensions provisions for BWI convictions.

Section 5 amends section 1193 of the VTL, to provide reference to boating privilege suspensions provided in the Navigation Law.

Section 6 provides that this act shall take effect 180 days after it shall have become law.

EXISTING LAW: Currently, Navigation Law section 49-a is not in parity with VTL section 1192. It does not include provisions for aggravated intoxicated operation and does not include a provision for operating under the combined influence of drugs and alcohol. Additionally, it does not connect boating privilege suspensions with the intoxicated operation of other vehicles; nor do the PRHPL or VTL provide for this linkage presently.

JUSTIFICATION: Current statistics show that one in every five boating accidents involve the use of alcohol. This bill seeks to make clear that operation of any vehicle while intoxicated is a serious offense. To that end, this bill updates provisions of the Navigation Law (includes aggravated BWI -.18 BAC or operating with a child passenger) and links the penalties for multiple intoxicated operation convictions across all types of vehicles" Thus, a prior DWI or snowmobiling while intoxicated conviction would be considered a prior BWI for the purposes of Navigation Law provisions punishing multiple BWI offenders; the same would be true of a DWI offender with a prior BWI, and so on, This linkage is meant to assert that the privilege to operate any vehicle in New York State is contingent upon an operator's ability to demonstrate his or her responsibility to operate sober, and that in failing to do so, an individual is jeopardizing his or her privilege to operate any vehicle.

LEGISLATIVE HISTORY: 2012: Rules Committee (S.7827/A.10804)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 180 days.


Text

STATE OF NEW YORK ________________________________________________________________________ 771 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. FUSCHILLO, DeFRANCISCO, LAVALLE, MAZIARZ, RANZENHOF- ER -- 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 oper- ating a vessel while under the influence of alcohol or drugs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2, 3, 5, paragraph (a) of subdivision 7 and subdivision 11 of section 49-a of the navigation law, as added by chap- ter 805 of the laws of 1992, subdivision 2 as amended by chapter 151 of the laws of 2006, subparagraph 1 of paragraph (a) of subdivision 3 as amended by chapter 599 of the laws of 2008, are amended and two new subdivisions 3-a and 14 are added to read as follows: 2. Offenses: criminal penalties. (a) No person shall operate a vessel upon the waters of the state while his OR HER ability to operate such vessel is impaired by the consumption of alcohol. A violation of this [subdivision] PARAGRAPH shall be an offense and shall be punishable by a fine of not less than three hundred dollars nor more than five hundred dollars, or by imprisonment in a penitentiary or county jail for not more than fifteen days, or by both such fine and imprisonment. A person who operates a vessel in violation of this [subdivision] PARAGRAPH after being convicted of a violation of any [subdivision] PARAGRAPH of this [section] SUBDIVISION within the preceding five years shall be punished by a fine of not less than five hundred dollars nor more than seven hundred fifty dollars, or by imprisonment of not more than thirty days in a penitentiary or county jail or by both such fine and imprisonment. A person who operates a vessel in violation of this [subdivision] PARA- GRAPH after being convicted two or more times of a violation of any [subdivision] PARAGRAPH of this [section] SUBDIVISION within the preced-
ing ten years shall be guilty of a misdemeanor, and shall be punished by a fine of not less than seven hundred fifty dollars nor more than fifteen hundred dollars, or by imprisonment of not more than one hundred eighty days in a penitentiary or county jail or by both such fine and imprisonment. (b) No such person shall operate a vessel other than a public vessel while he OR SHE has .08 of one per centum or more by weight of alcohol in his OR HER blood, breath, urine, or saliva, as determined by the chemical test made pursuant to the provisions of subdivision seven of this section. (B-1) NO PERSON SHALL OPERATE A VESSEL WHILE SUCH PERSON HAS A .18 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD AS SHOWN BY CHEMICAL ANALYSIS OF SUCH PERSON'S BLOOD, BREATH, URINE OR SALIVA MADE PURSUANT TO THE PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION. (B-2) NO PERSON SHALL OPERATE A VESSEL IN VIOLATION OF PARAGRAPH (B) OF THIS SUBDIVISION WHILE A CHILD WHO IS FIFTEEN YEARS OF AGE OR LESS IS A PASSENGER IN SUCH VESSEL. (c) No such person shall operate a public vessel while he OR SHE has .04 of one per centum or more by weight of alcohol in his OR HER blood, breath, urine, or saliva, as determined by the chemical test made pursu- ant to the provisions of subdivision seven of this section. (d) No person shall operate a vessel while he OR SHE is in an intoxi- cated condition. (e) No person shall operate a vessel while his OR HER ability to oper- ate such vessel is impaired by the use of a drug as defined by section one hundred fourteen-a of the vehicle and traffic law. (E-1) NO PERSON SHALL OPERATE A VESSEL WHILE THE PERSON'S ABILITY TO OPERATE SUCH VESSEL IS IMPAIRED BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS. FOR THE PURPOSES OF THIS PARAGRAPH, DRUG SHALL HAVE THE SAME MEANING AS IN SECTION ONE HUNDRED FOURTEEN-A OF THE VEHICLE AND TRAFFIC LAW. (f) A violation of paragraph (b), (c), (d) [or], (e) OR (E-1) of this subdivision shall be a misdemeanor and shall be punishable by imprison- ment in a penitentiary or county jail for not more than one year, or by a fine of not less than five hundred dollars nor more than one thousand dollars, or by both such fine and imprisonment. A VIOLATION OF PARA- GRAPH (B-1) OF THIS SUBDIVISION SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY IMPRISONMENT IN A PENITENTIARY OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN TWO THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT. A VIOLATION OF PARAGRAPH (B-2) OF THIS SUBDIVISION SHALL BE A CLASS E FELONY. A person who operates a vessel in violation of paragraph (b), (B-1), (c), (d) [or], (e) OR (E-1) of this subdivision after having been convicted of a violation of paragraph (b), (B-1), (B-2), (c), (d) [or], (e) OR (E-1) of this subdivision, or of operating a vessel or public vessel while intoxicated or while under the influence of drugs, within the preceding ten years, shall be guilty of a class E felony and shall be punished by a period of imprisonment as provided in the penal law, or by a fine of not less than one thousand dollars nor more than five thou- sand dollars, or by both such fine and imprisonment. A PERSON WHO OPER- ATES A VESSEL IN VIOLATION OF PARAGRAPH (B-2) OF THIS SUBDIVISION AFTER HAVING BEEN CONVICTED OF A VIOLATION OF PARAGRAPH (B), (B-1), (B-2), (C), (D), (E) OR (E-1) OF THIS SUBDIVISION, OR OF OPERATING A VESSEL OR PUBLIC VESSEL WHILE INTOXICATED OR WHILE UNDER THE INFLUENCE OF DRUGS, WITHIN THE PRECEDING TEN YEARS, SHALL BE GUILTY OF A CLASS D FELONY. A
person who operates a vessel in violation of paragraph (b), (B-1), (c), (d) [or], (e) OR (E-1) of this subdivision after having been twice convicted of a violation of any of such paragraph (b), (B-1), (B-2), (c), (d) [or], (e) (E-1) of this subdivision or of operating a vessel or public vessel while intoxicated or under the influence of drugs, within the preceding ten years, shall be guilty of a class D felony and shall be punished by a fine of not less than two thousand dollars nor more than ten thousand dollars or by a period of imprisonment as provided in the penal law, or by both such fine and imprisonment. A PERSON WHO OPERATES A VESSEL IN VIOLATION OF PARAGRAPH (B-2) OF THIS SUBDIVISION AFTER HAVING BEEN TWICE CONVICTED OF A VIOLATION OF PARAGRAPH (B), (B-1), (B-2), (C), (D), (E) OR (E-1) OF THIS SUBDIVISION, OR OF OPERAT- ING A VESSEL OR PUBLIC VESSEL WHILE INTOXICATED OR WHILE UNDER THE INFLUENCE OF DRUGS, WITHIN THE PRECEDING TEN YEARS, SHALL BE GUILTY OF A CLASS C FELONY. 3. Privilege to operate a vessel; suspensions. (a) The court shall suspend a person's privilege to operate a vessel and may suspend a vessel registration for: (1) a period of at least six but less than twelve months where an operator is convicted of a violation of paragraph (a) of subdivision two of this section. In determining the length of such suspension or suspen- sions, the court may take into consideration the seriousness of the offense and may impose a period of suspension whereby such suspension may be in effect during a portion of the current or subsequent boating season; (2) a period of twelve months where an operator is convicted of a violation of paragraph (b), (B-1), (c), (d) [or], (e) (E-1) of subdivi- sion two of this section; (3) a period of twenty-four months where a person is convicted of a violation of paragraph (B-2) OF SUBDIVISION TWO OF THIS SECTION, OR WHERE A PERSON IS CONVICTED OF A VIOLATION OF PARAGRAPH (b), (B-1), (c), (d) [or], (e) OR (E-1) of subdivision two of this section after having been convicted of a violation of paragraph (b), (B-1), (B-2), (c), (d) [or], (e) OR (E-1) of subdivision two of this section or of operating a vessel or public vessel while intoxicated or under the influence of drugs within the preceding ten years[.]; (4) A PERIOD OF THIRTY MONTHS WHERE A PERSON IS CONVICTED OF A VIOLATION OF PARAGRAPH (B-2) OF SUBDIVISION TWO OF THIS SECTION AFTER HAVING BEEN CONVICTED OF A VIOLATION OF PARAGRAPH (B), (B-1), (B-2), (C), (D), (E) OR (E-1) OF SUBDIVISION TWO OF THIS SECTION OR OF OPERAT- ING A VESSEL OR PUBLIC VESSEL WHILE INTOXICATED OR UNDER THE INFLUENCE OF DRUGS WITHIN THE PRECEDING TEN YEARS; (5) A PERIOD OF AT LEAST SIX BUT LESS THAN TWELVE MONTHS, WHERE SUCH PERSON IS CONVICTED OF A VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW. WHERE THE COURT DETERMINES THAT THE PERIOD OF SUSPENSION IMPOSED PURSUANT TO THIS SUBPARAGRAPH WOULD EXTEND BEYOND THE CURRENT BOATING SEASON, THE COURT MAY DIRECT THAT ANY PORTION OF SUCH SUSPENSION PERIOD TAKE EFFECT DURING THE FOLLOWING BOATING SEASON; (6) A PERIOD OF TWELVE MONTHS, WHERE SUCH PERSON IS CONVICTED OF A VIOLATION OF SUBDIVISION TWO, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW. WHERE THE COURT DETERMINES THAT THE PERIOD OF SUSPENSION IMPOSED PURSUANT TO THIS SUBPARAGRAPH WOULD EXTEND BEYOND THE CURRENT BOATING SEASON, THE COURT MAY DIRECT THAT ANY PORTION OF SUCH SUSPENSION PERIOD TAKE EFFECT DURING THE FOLLOWING BOATING SEASON;
(7) A PERIOD OF TWENTY-FOUR MONTHS WHERE SUCH PERSON IS CONVICTED OF A VIOLATION OF SUBDIVISION TWO-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW OR A VIOLATION OF SUBDIVISION TWO, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW COMMITTED WITHIN TEN YEARS OF A CONVICTION FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW. WHERE THE COURT DETERMINES THAT THE PERIOD OF SUSPENSION IMPOSED PURSUANT TO THIS SUBPARAGRAPH WOULD EXTEND BEYOND THE CURRENT BOATING SEASON, THE COURT MAY DIRECT THAT ANY PORTION OF SUCH SUSPENSION PERIOD TAKE EFFECT DURING THE FOLLOWING BOATING SEASON; OR (8) A PERIOD OF THIRTY MONTHS, WHERE SUCH PERSON IS CONVICTED OF A VIOLATION OF SUBDIVISION TWO-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW COMMITTED WITHIN TEN YEARS OF A CONVICTION FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW. WHERE THE COURT DETERMINES THAT THE PERIOD OF SUSPENSION IMPOSED PURSUANT TO THIS SUBPARAGRAPH WOULD EXTEND BEYOND THE CURRENT BOATING SEASON, THE COURT MAY DIRECT THAT ANY PORTION OF SUCH SUSPENSION TAKE EFFECT DURING SUBSEQUENT BOATING SEASONS. (b) The court shall report each conviction recorded pursuant to this section to the commissioner of motor vehicles and the commissioner of parks, recreation and historic preservation on forms provided by the department of motor vehicles. Such reports shall include the length of any suspension imposed on the privilege to operate a vessel and any suspension imposed against a vessel registration. The department of motor vehicles shall maintain a record of all convictions and suspen- sions in order to effectuate the provisions of this section. 3-A. ADDITIONAL SANCTIONS; SUSPENSION OF MOTOR VEHICLE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION. IN ADDITION TO ANY OTHER SANC- TION IMPOSED PURSUANT TO THIS SECTION, A COURT SHALL SUSPEND A LICENSE TO DRIVE A MOTOR VEHICLE, AND A MOTOR VEHICLE REGISTRATION MAY ALSO BE SUSPENDED PURSUANT TO PARAGRAPHS L, M AND N OF SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN OF THE VEHICLE AND TRAFFIC LAW. 5. Sentencing limitations. Notwithstanding any provision of the penal law, no judge or magistrate shall impose a sentence of unconditional discharge for a violation of paragraph (b), (B-1), (B-2), (c), (d) [or], (e) OR (E-1) of subdivision two of this section nor shall he or she impose a sentence of conditional discharge unless such conditional discharge is accompanied by a sentence of a fine as provided in this section. (a) Any person who operates a vessel on the waters of the state shall be requested to consent to a chemical test of one or more of the follow- ing: breath, blood, urine, or saliva for the purpose of determining the alcoholic or drug content of his OR HER blood, provided that such test is administered at the direction of a police officer: (1) having reason- able cause to believe such person to have been operating in violation of this subdivision or paragraph (a), (b), (B-1), (B-2), (c), (d) [or], (e) OR (E-1) of subdivision two of this section and within two hours after such person has been placed under arrest for any such violation or (2) within two hours after a breath test as provided in paragraph (b) of subdivision six of this section indicates that alcohol has been consumed by such person and in accordance with the rules and regulations estab- lished by the police force of which the officer is a member. 11. Limitations. (a) A vessel operator may be convicted of a violation of [paragraphs] PARAGRAPH (a), (b), (B-1), (B-2), (d) [and], (e) OR
(E-1) of subdivision two of this section, notwithstanding that the charge laid before the court alleged a violation of paragraph (b), (B-1), (B-2), (d) [or], (e) OR (E-1) of subdivision two of this section, and regardless of whether or not such condition is based on a plea of guilty. (b) In any case wherein the charge laid before the court alleges a violation of paragraph (b), (B-1), (B-2), (c), (d) [or], (e) OR (E-1) of subdivision two of this section, any plea of guilty thereafter entered in satisfaction of such charge must include at least a plea of guilty to the violation of the provisions of one of the paragraphs of such subdi- vision two and no other disposition by plea of guilty to any other charge in satisfaction of such charge shall be authorized; provided, however, if the district attorney upon reviewing the available evidence determines that the charge of a violation of subdivision two of this section is not warranted, he OR SHE may consent, and the court may allow a disposition by plea of guilty to another charge in satisfaction of such charge. 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 PARAGRAPH OF SUBDIVISION TWO 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), (B-1), (C), (D), (E) OR (E-1) 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), (B-1), (B-2), (C), (D), (E) OR (E-1) OF SUBDIVISION TWO OF THIS SECTION FOR PURPOSES OF DETERMINING PENALTIES IMPOSED PURSUANT TO SUBPARAGRAPH THREE OR FOUR OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION. S 2. 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. PRIOR CONVICTIONS. 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 3. Section 1193 of the vehicle and traffic law is amended by adding a new subdivision 1-b to read as follows: 1-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 TWO OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE FOR PURPOSES OF DETERMINING PENALTIES IMPOSED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF 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 4. Paragraph k of subdivision 3 of section 510 of the vehicle and traffic law, as amended by chapter 124 of the laws of 1992, is amended, and three new paragraphs l, m and n are added to read as follows: k. for a period of up to ninety days because of the conviction of the holder of the offenses of menacing as defined in section 120.15 of the penal law, where such offense was committed against a traffic enforce- ment agent employed by the city of New York or the city of Buffalo while such agent was enforcing or attempting to enforce the traffic regu- lations of such city[.]; 1. FOR A PERIOD OF FORTY-FIVE DAYS WHERE THE HOLDER IS CONVICTED OF A VIOLATION OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW AND SUCH SUSPENSION IS ORDERED PURSUANT TO SUBDI- VISION THREE-A OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW; M. FOR A PERIOD OF NINETY DAYS WHERE THE HOLDER IS CONVICTED OF A VIOLATION OF PARAGRAPH (B), (B-1), (C), (D), (E) OR (E-1) OF SUBDIVISION TWO OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW AND SUCH SUSPENSION IS ORDERED PURSUANT TO SUBDIVISION THREE-A OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW; N. FOR A PERIOD OF ONE HUNDRED AND EIGHTY DAYS WHERE THE HOLDER IS CONVICTED OF A VIOLATION OF PARAGRAPH (B-2) OF SUBDIVISION TWO OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW AND SUCH SUSPENSION IS ORDERED PURSUANT TO SUBDIVISION THREE-A OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW. S 5. Section 1193 of the vehicle and traffic law is amended by adding a new subdivision 3 to read as follows: 3. SUSPENSION OF PRIVILEGE TO OPERATE A VESSEL. IN ADDITION TO ANY OTHER SANCTION IMPOSED PURSUANT TO THIS SECTION, A PERSON'S PRIVILEGE TO OPERATE A VESSEL SHALL BE SUSPENDED, AND A VESSEL REGISTRATION MAY BE SUSPENDED, FOLLOWING A CONVICTION UNDER SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF SUBPARA-
GRAPHS FIVE, SIX, SEVEN AND EIGHT OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW. S 6. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to convictions occurring on and after such date.

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