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NY A10804

Bill

Status

Introduced

8/10/2012

Primary Sponsor

Harvey Weisenberg

Click for details

Origin

Assembly

2011-2012 General Assembly

AI Summary

Bill Summary: A10804

  • Establishes a .18 percent blood alcohol content (BAC) threshold as a misdemeanor offense for vessel operation, with penalties of $1,000-$2,000 fine and up to one year imprisonment.

  • Creates a Class E felony for operating a vessel with a BAC of .08 percent or higher while a child 15 years old or younger is a passenger.

  • Adds penalties for operating a vessel while impaired by drugs or combined influence of alcohol and drugs, including suspension of motor vehicle driver's license in addition to vessel operating privileges.

  • Allows prior convictions for operating motor vehicles, snowmobiles, or all-terrain vehicles while under the influence to count as prior convictions when determining penalties for boating-related DUI offenses.

  • Takes effect 180 days after enactment and applies to convictions occurring on or after that date.

Legislative Description

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.

Last Action

referred to transportation

8/10/2012

Committee Referrals

Transportation8/10/2012

Full Bill Text

No bill text available