STATE OF NEW YORK
________________________________________________________________________
6644
2019-2020 Regular Sessions
IN SENATE
August 2, 2019
___________
Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the navigation law and the penal law, in relation to
operating a vessel while intoxicated when a child who is fifteen years
of age or less is a passenger in such vessel
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 49-a of the navigation law is
2 amended by adding two new paragraphs (e-1) and (g) to read as follows:
3 (e-1) No person shall operate a vessel in violation of paragraph (a),
4 (b), (c), (d), or (e) of this subdivision while a child who is fifteen
5 years of age or less is a passenger in such vessel.
6 (g) Where a law enforcement officer alleges a violation of paragraph
7 (e-1) of this subdivision and the operator of the vessel is a parent,
8 guardian, custodian of, or other person legally responsible for, a child
9 who is fifteen years of age or less who is a passenger in such vessel,
10 such officer shall report or cause a report to be made in accordance
11 with title six of article six of the social services law, if applicable.
12 § 2. Subparagraphs 2 and 3 of paragraph (f) of subdivision 2 and
13 subdivision 5-a of section 49-a of the navigation law, as amended by and
14 subdivision 5-a as added by chapter 239 of the laws of 2016, are amended
15 to read as follows:
16 (2) A person who operates a vessel in violation of paragraph (b), (c),
17 (d) or (e) of this subdivision after having been convicted of a
18 violation of paragraph (b), (c), (d) or (e) of this subdivision, or of
19 operating a vessel or public vessel while intoxicated or while under the
20 influence of drugs, within the preceding ten years, or a person
21 convicted of a violation of paragraph (e-1) of this subdivision, shall
22 be guilty of a class E felony and shall be punished by a period of
23 imprisonment as provided in the penal law, or by a fine of not less than
24 one thousand dollars nor more than five thousand dollars, or by both
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13537-02-9
S. 6644 2
1 such fine and imprisonment. (3) A person who operates a vessel in
2 violation of paragraph (b), (c), (d) or (e) of this subdivision after
3 having been twice convicted of a violation of any of such paragraph (b),
4 (c), (d) or (e) of this subdivision or of operating a vessel or public
5 vessel while intoxicated or under the influence of drugs, within the
6 preceding ten years, or a person convicted of a violation of paragraph
7 (e-1) of this subdivision after having been convicted of a violation of
8 such paragraph within the preceding ten years, shall be guilty of a
9 class D felony and shall be punished by a fine of not less than two
10 thousand dollars nor more than ten thousand dollars or by a period of
11 imprisonment as provided in the penal law, or by both such fine and
12 imprisonment.
13 5-a. Sentencing; previous convictions. When sentencing a person for a
14 violation of paragraph (b), (c), (d) [or], (e) or (e-1) of subdivision
15 two of this section pursuant to subparagraph two of paragraph (f) of
16 subdivision two of this section, the court shall consider any prior
17 convictions the person may have for a violation of subdivision two,
18 two-a, three, four, or four-a of section eleven hundred ninety-two of
19 the vehicle and traffic law within the preceding ten years. When
20 sentencing a person for a violation of paragraph (b), (c), (d) [or], (e)
21 or (e-1) of subdivision two of this section pursuant to subparagraph
22 three of paragraph (f) of subdivision two of this section, the court
23 shall consider any prior convictions the person may have for a violation
24 of subdivision two, two-a, three, four, or four-a of section eleven
25 hundred ninety-two of the vehicle and traffic law within the preceding
26 ten years. When sentencing a person for a violation of subparagraph two
27 of paragraph (a) of subdivision two of this section, the court shall
28 consider any prior convictions the person may have for a violation of
29 any subdivision of section eleven hundred ninety-two of the vehicle and
30 traffic law within the preceding five years. When sentencing a person
31 for a violation of subparagraph three of paragraph (a) of subdivision
32 two of this section, the court shall consider any prior convictions the
33 person may have for a violation of any subdivision of section eleven
34 hundred ninety-two of the vehicle and traffic law within the preceding
35 ten years.
36 § 3. Subparagraph 3 of paragraph (a) of subdivision 3, subdivision 5
37 and paragraph (a) of subdivision 7 of section 49-a of the navigation
38 law, as added by chapter 805 of the laws of 1992, are amended to read as
39 follows:
40 (3) a period of twenty-four months where a person is convicted of a
41 violation of paragraph (b), (c), (d) or (e) of subdivision two of this
42 section after having been convicted of a violation of paragraph (b),
43 (c), (d) or (e) of subdivision two of this section or of operating a
44 vessel or public vessel while intoxicated or under the influence of
45 drugs within the preceding ten years, or a person convicted of a
46 violation of paragraph (e-1) of subdivision two of this section.
47 5. Sentencing limitations. Notwithstanding any provision of the penal
48 law, no judge or magistrate shall impose a sentence of unconditional
49 discharge for a violation of paragraph (b), (c), (d) [or], (e) or (e-1)
50 of subdivision two of this section nor shall he or she impose a sentence
51 of conditional discharge unless such conditional discharge is accompa-
52 nied by a sentence of a fine as provided in this section.
53 (a) Any person who operates a vessel on the waters of the state shall
54 be requested to consent to a chemical test of one or more of the follow-
55 ing: breath, blood, urine, or saliva for the purpose of determining the
56 alcoholic or drug content of his blood, provided that such test is
S. 6644 3
1 administered at the direction of a police officer: (1) having reasonable
2 cause to believe such person to have been operating in violation of this
3 subdivision or paragraph (a), (b), (c), (d) [or], (e) or (e-1) of subdi-
4 vision two of this section and within two hours after such person has
5 been placed under arrest for any such violation or (2) within two hours
6 after a breath test as provided in paragraph (b) of subdivision six of
7 this section indicates that alcohol has been consumed by such person and
8 in accordance with the rules and regulations established by the police
9 force of which the officer is a member.
10 § 4. Subdivision 1 of section 120.03 of the penal law, as amended by
11 chapter 732 of the laws of 2006, is amended to read as follows:
12 (1) operates a motor vehicle in violation of subdivision two, three,
13 four or four-a of section eleven hundred ninety-two of the vehicle and
14 traffic law or operates a vessel or public vessel in violation of para-
15 graph (b), (c), (d) [or], (e) or (e-1) of subdivision two of section
16 forty-nine-a of the navigation law, and as a result of such intoxication
17 or impairment by the use of a drug, or by the combined influence of
18 drugs or of alcohol and any drug or drugs, operates such motor vehicle,
19 vessel or public vessel in a manner that causes such serious physical
20 injury to such other person, or
21 § 5. Subdivision 6 of section 120.04 of the penal law, as added by
22 chapter 496 of the laws of 2009, is amended to read as follows:
23 (6) commits such crime while operating a motor vehicle or vessel while
24 a child who is fifteen years of age or less is a passenger in such motor
25 vehicle or vessel and causes serious physical injury to such child.
26 § 6. Subdivision 1 of section 125.12 of the penal law, as amended by
27 chapter 732 of the laws of 2006, is amended to read as follows:
28 (1) operates a motor vehicle in violation of subdivision two, three,
29 four or four-a of section eleven hundred ninety-two of the vehicle and
30 traffic law or operates a vessel or public vessel in violation of para-
31 graph (b), (c), (d) [or], (e) or (e-1) of subdivision two of section
32 forty-nine-a of the navigation law, and as a result of such intoxication
33 or impairment by the use of a drug, or by the combined influence of
34 drugs or of alcohol and any drug or drugs, operates such motor vehicle,
35 vessel or public vessel in a manner that causes the death of such other
36 person, or
37 § 7. Subdivision 6 of section 125.13 of the penal law, as added by
38 chapter 496 of the laws of 2009, is amended to read as follows:
39 (6) commits such crime while operating a motor vehicle or vessel while
40 a child who is fifteen years of age or less is a passenger in such motor
41 vehicle or vessel and causes the death of such child.
42 § 8. This act shall take effect on the one hundred eightieth day after
43 it shall have become a law.