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NY S07827

Bill

Status

Introduced

7/27/2012

Primary Sponsor

Charles Fuschillo

Click for details

Origin

Senate

2011-2012 General Assembly

AI Summary

  • Establishes new alcohol threshold of .18% blood alcohol content for vessel operation, making it a misdemeanor punishable by 1-2 years imprisonment and $1,000-$2,000 fine.

  • Creates Class E felony for operating a vessel with .08%+ blood alcohol while carrying a child 15 years or younger; upgrades to Class D felony for repeat offenders and Class C felony for second repeat offenses.

  • Requires suspension of motor vehicle driver's license for 45-180 days following vessel DUI convictions, depending on violation severity.

  • Allows prior convictions for operating motor vehicles, snowmobiles, or all-terrain vehicles while intoxicated to count as prior convictions for vessel DUI penalty enhancement purposes.

  • Adds impairment violations involving combined influence of drugs and alcohol as vessel operating offenses with same penalties as existing drug impairment violations.

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 RULES

7/27/2012

Committee Referrals

Rules7/27/2012

Full Bill Text

No bill text available