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NY A01597
Bill
Status
8/16/2016
Primary Sponsor
William Magnarelli
Click for details
AI Summary
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Establishes enhanced penalties for operating a vessel while intoxicated with prior convictions within specified timeframes, ranging from fines of $500-$1,500 and up to 30 days imprisonment for first repeat offense, to Class D felony charges with fines up to $10,000 for two or more prior convictions within 10 years.
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Requires courts to consider prior convictions for driving under the influence under Vehicle and Traffic Law Section 1192 when sentencing boating while intoxicated violations, expanding the scope beyond prior boating convictions alone.
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Creates tiered penalty structure: first offense is a violation with fines of $300-$500; operating under the influence or with BAC above legal limit is a misdemeanor escalating to Class E or D felony based on prior convictions.
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Applies to violations of Navigation Law Section 49-a, with prior conviction lookback periods of 5 years for simple impairment cases and 10 years for more serious intoxication violations.
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Takes effect November 1 of the year following enactment.
Legislative Description
Enacts "Tiffany Heitkamp's law"; relates to the effect of prior conviction for operation of certain vehicles while intoxicated upon imposition of penalties for boating while intoxicated.
Last Action
signed chap.239
8/16/2016