STATE OF NEW YORK
________________________________________________________________________
8391
IN SENATE
January 26, 2024
___________
Introduced by Sen. COONEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Cultural Affairs, Tourism,
Parks and Recreation
AN ACT to amend the parks, recreation and historic preservation law, in
relation to increasing the penalties for operating a snowmobile while
intoxicated
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a), (b) and (e) of subdivision 1 of section
2 25.24 of the parks, recreation and historic preservation law, paragraphs
3 (a) and (b) as amended by chapter 311 of the laws of 2007 and paragraph
4 (e) as added by chapter 629 of the laws of 1998, are amended to read as
5 follows:
6 (a) No person shall operate a snowmobile upon a street, highway,
7 public trails, lands, bodies of water, or private property of another
8 while his or her ability to operate such snowmobile is impaired by the
9 consumption of alcohol. (1) A violation of this subdivision shall be an
10 offense and shall be punishable by a fine of not less than two hundred
11 fifty dollars nor more than three hundred fifty dollars, or by imprison-
12 ment in a penitentiary or county jail for not more than fifteen days, or
13 by both such fine and imprisonment. (2) A person who operates a snowmo-
14 bile in violation of this subdivision after being convicted of a
15 violation of any subdivision of this section within the preceding five
16 years shall be punished by a fine of not less than five hundred dollars
17 nor more than fifteen hundred dollars, or by imprisonment of not more
18 than thirty days in a penitentiary or county jail or by both such fine
19 and imprisonment.
20 (b) (1) No such person shall operate a snowmobile upon a street, high-
21 way, public trails, lands, bodies of water, or private property of
22 another while he or she has .08 of one per centum or more by weight of
23 alcohol in his or her blood, breath, urine, or saliva, as determined by
24 the chemical test made pursuant to the provisions of subdivision six of
25 this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04924-01-3
S. 8391 2
1 (2) No such person shall operate a snowmobile upon a street, highway,
2 public trails, lands, bodies of water, or private property of another
3 while he or she has .16 of one per centum or more by weight of alcohol
4 in his or her blood, breath, urine, or saliva, as determined by the
5 chemical test made pursuant to the provisions of subdivision six of this
6 section.
7 (e) (1) A violation of subparagraph one of paragraph (b), or paragraph
8 (c)[,] or (d) of this subdivision shall be a misdemeanor and shall be
9 punishable by imprisonment in a penitentiary or county jail for not more
10 than ninety days, or by a fine of not less than three hundred fifty
11 dollars nor more than five hundred dollars, or by both such fine and
12 imprisonment.
13 (2) A person who operates a snowmobile in violation of subparagraph
14 one of paragraph (b), or paragraph (c)[,] or (d) of this subdivision
15 after having been convicted of a violation of subparagraph one of para-
16 graph (b), of paragraph (c)[,] or (d) of this subdivision, or of operat-
17 ing a snowmobile while intoxicated or while under the influence of
18 drugs, within the preceding ten years, shall be guilty of a misdemeanor
19 and shall be punished by imprisonment for not more than one year, or by
20 a fine of not less than five hundred dollars nor more than fifteen
21 hundred dollars, or by both such fine and imprisonment.
22 (3) A person who operates a snowmobile in violation of subparagraph
23 one of paragraph (b), or paragraph (c)[,] or (d) of this subdivision
24 after having been twice convicted of a violation of subparagraph one of
25 paragraph (b), or paragraph (c)[,] or (d) of this subdivision, or of
26 operating a snowmobile while intoxicated or under the influence of
27 drugs, within the preceding ten years, shall be guilty of a class E
28 felony and shall be punished by a fine of not less than five hundred
29 dollars nor more than five thousand dollars or by a period of imprison-
30 ment as provided in the penal law, or by both such fine and imprison-
31 ment.
32 (4) (i) A violation of subparagraph two of paragraph (b) of this
33 subdivision shall be a misdemeanor and shall be punishable by imprison-
34 ment in a penitentiary or county jail for not more than one hundred
35 eighty days, or by a fine of not less than seven hundred dollars nor
36 more than one thousand dollars, or by both such fine and imprisonment.
37 (ii) A person who operates a snowmobile in violation of subparagraph
38 two of paragraph (b) of this subdivision after having been convicted of
39 a violation of subparagraph one or two of paragraph (b), or paragraph
40 (c) or (d) of this subdivision, or of operating a snowmobile while
41 intoxicated or while under the influence of drugs, within the preceding
42 ten years, shall be guilty of a class E felony and shall be punished by
43 a fine of not less than one thousand dollars nor more than three thou-
44 sand dollars or by a period of imprisonment as provided in the penal
45 law, or by both such fine and imprisonment.
46 (iii) A person who operates a snowmobile in violation of subparagraph
47 two of paragraph (b) of this subdivision after having been twice
48 convicted of a violation of subparagraph one or two of paragraph (b), or
49 paragraph (c) or (d) of this subdivision, or of operating a snowmobile
50 while intoxicated or under the influence of drugs, within the preceding
51 ten years, shall be guilty of a class D felony and shall be punished by
52 a fine of not less than one thousand dollars nor more than ten thousand
53 dollars or by a period of imprisonment as provided in the penal law, or
54 by both such fine and imprisonment.
55 § 2. Section 25.24 of the parks, recreation and historic preservation
56 law is amended by adding a new subdivision 4-a to read as follows:
S. 8391 3
1 4-a. Sentencing; previous convictions. When sentencing a person for a
2 violation of paragraph (b), (c) or (d) of subdivision one of this
3 section pursuant to subparagraph two or three, or clause (ii) or (iii)
4 of subparagraph four of paragraph (e) of subdivision one of this
5 section, the court shall consider any prior convictions the person may
6 have for a violation of subdivision two, two-a, three, four or four-a of
7 section eleven hundred ninety-two of the vehicle and traffic law or
8 subdivision two of section forty-nine-a of the navigation law within the
9 preceding ten years. When sentencing a person for a violation of subpar-
10 agraph two of paragraph (a) of subdivision one of this section, the
11 court shall consider any prior convictions the person may have for a
12 violation of any subdivision of section eleven hundred ninety-two of the
13 vehicle and traffic law or subdivision two of section forty-nine-a of
14 the navigation law within the preceding five years.
15 § 3. This act shall take effect on the ninetieth day after it shall
16 have become a law.
