Increases the penalties for operating a snowmobile while intoxicated, doubles penalties for operators having .16 of one per centum or more by weight of alcohol in his or her blood, breath, urine, or saliva, and includes other operating while intoxicated convictions in sentencing considerations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1479
SPONSOR: Woerner TITLE OF BILL:
An act to amend the parks, recreation and historic preservation law, in
relation to increasing the penalties for operating a snowmobile while
intoxicated
PURPOSE:
The purpose of this bill is to establish the crime of aggravated snowmo-
biling while intoxicated, to increase the penalties and fines for such
crime, and to ensure that any conviction for operating a snowmobile,
boat or motor vehicle while intoxicated shall be considered a prior
conviction for the purposes of sentencing a person charged with snowmo-
biling while intoxicated.
SUMMARY OF PROVISIONS:
Section 1: amends paragraphs (a), (b) and (e) of subdivision 1 of
section 25.24 of the parks, recreation and historic preservation law to
establish that no person shall operate a snowmobile while he or she has
.16 of one per centum or more by weight of alcohol in his or her blood,
breath, urine, or saliva, as determined by a chemical test; and estab-
lishes the penalties and fines for a violation of this section.
Section 2: establishes that any conviction for operating a snowmobile,
boat or motor vehicle while intoxicated shall be considered a prior
conviction for the purposes of sentencing a person charged with snowmo-
biling while intoxicated.
Section 3: establishes the effective date.
JUSTIFICATION:
The 2018-2019 snowmobiling season produced the second highest number of
snowmobiling fatalities recorded in the last two decades. There are
several factors that produced this high number of fatalities, one of
which is irresponsible behavior on the part of some operators. As a
result, many long-time snowmobilers are considering leaving the sport
because of the perceived dangers posed by the recklessness of other
riders on some trails and in certain parts of the state.
This bill will establish the crime of aggravated snowmobiling while
intoxicated and will ensure that any conviction for operating a snowmo-
bile, boat or motor vehicle while intoxicated shall be considered a
prior conviction for the purposes of sentencing a person charged with
snowmobiling while intoxicated or aggravated snowmobiling while intoxi-
cated. By increasing the penalties and fines associated with an SWI
conviction, where the operator had an excessively high (0.16+) BAC, more
operators will be deterred from drinking and driving in NYS.
LEGISLATIVE HISTORY:
A.2369 of 2022: Referred to Transportation.
A.10215 of 2020: Referred to Transportation.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
1479
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Transportation
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04924-01-3
A. 1479 2
1 the chemical test made pursuant to the provisions of subdivision six of
2 this section.
3 (2) No such person shall operate a snowmobile upon a street, highway,
4 public trails, lands, bodies of water, or private property of another
5 while he or she has .16 of one per centum or more by weight of alcohol
6 in his or her blood, breath, urine, or saliva, as determined by the
7 chemical test made pursuant to the provisions of subdivision six of this
8 section.
9 (e) (1) A violation of subparagraph one of paragraph (b), or paragraph
10 (c)[,] or (d) of this subdivision shall be a misdemeanor and shall be
11 punishable by imprisonment in a penitentiary or county jail for not more
12 than ninety days, or by a fine of not less than three hundred fifty
13 dollars nor more than five hundred dollars, or by both such fine and
14 imprisonment.
15 (2) A person who operates a snowmobile in violation of subparagraph
16 one of paragraph (b), or paragraph (c)[,] or (d) of this subdivision
17 after having been convicted of a violation of subparagraph one of para-
18 graph (b), of paragraph (c)[,] or (d) of this subdivision, or of operat-
19 ing a snowmobile while intoxicated or while under the influence of
20 drugs, within the preceding ten years, shall be guilty of a misdemeanor
21 and shall be punished by imprisonment for not more than one year, or by
22 a fine of not less than five hundred dollars nor more than fifteen
23 hundred dollars, or by both such fine and imprisonment.
24 (3) A person who operates a snowmobile in violation of subparagraph
25 one of paragraph (b), or paragraph (c)[,] or (d) of this subdivision
26 after having been twice convicted of a violation of subparagraph one of
27 paragraph (b), or paragraph (c)[,] or (d) of this subdivision, or of
28 operating a snowmobile while intoxicated or under the influence of
29 drugs, within the preceding ten years, shall be guilty of a class E
30 felony and shall be punished by a fine of not less than five hundred
31 dollars nor more than five thousand dollars or by a period of imprison-
32 ment as provided in the penal law, or by both such fine and imprison-
33 ment.
34 (4) (i) A violation of subparagraph two of paragraph (b) of this
35 subdivision shall be a misdemeanor and shall be punishable by imprison-
36 ment in a penitentiary or county jail for not more than one hundred
37 eighty days, or by a fine of not less than seven hundred dollars nor
38 more than one thousand dollars, or by both such fine and imprisonment.
39 (ii) A person who operates a snowmobile in violation of subparagraph
40 two of paragraph (b) of this subdivision after having been convicted of
41 a violation of subparagraph one or two of paragraph (b), or paragraph
42 (c) or (d) of this subdivision, or of operating a snowmobile while
43 intoxicated or while under the influence of drugs, within the preceding
44 ten years, shall be guilty of a class E felony and shall be punished by
45 a fine of not less than one thousand dollars nor more than three thou-
46 sand dollars or by a period of imprisonment as provided in the penal
47 law, or by both such fine and imprisonment.
48 (iii) A person who operates a snowmobile in violation of subparagraph
49 two of paragraph (b) of this subdivision after having been twice
50 convicted of a violation of subparagraph one or two of paragraph (b), or
51 paragraph (c) or (d) of this subdivision, or of operating a snowmobile
52 while intoxicated or under the influence of drugs, within the preceding
53 ten years, shall be guilty of a class D felony and shall be punished by
54 a fine of not less than one thousand dollars nor more than ten thousand
55 dollars or by a period of imprisonment as provided in the penal law, or
56 by both such fine and imprisonment.
A. 1479 3
1 § 2. Section 25.24 of the parks, recreation and historic preservation
2 law is amended by adding a new subdivision 4-a to read as follows:
3 4-a. Sentencing; previous convictions. When sentencing a person for a
4 violation of paragraph (b), (c) or (d) of subdivision one of this
5 section pursuant to subparagraph two or three, or clause (ii) or (iii)
6 of subparagraph four of paragraph (e) of subdivision one of this
7 section, the court shall consider any prior convictions the person may
8 have for a violation of subdivision two, two-a, three, four or four-a of
9 section eleven hundred ninety-two of the vehicle and traffic law or
10 subdivision two of section forty-nine-a of the navigation law within the
11 preceding ten years. When sentencing a person for a violation of subpar-
12 agraph two of paragraph (a) of subdivision one of this section, the
13 court shall consider any prior convictions the person may have for a
14 violation of any subdivision of section eleven hundred ninety-two of the
15 vehicle and traffic law or subdivision two of section forty-nine-a of
16 the navigation law within the preceding five years.
17 § 3. This act shall take effect on the ninetieth day after it shall
18 have become a law.
