Loading chat...

NY A01597

Bill

Status

Passed

8/16/2016

Primary Sponsor

William Magnarelli

Click for details

Origin

Assembly

2015-2016 General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Transportation6/1/2016
Codes5/17/2016
Transportation1/12/2015

Full Bill Text

No bill text available