New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A00911 Summary:

A00911 Actions:

A00911 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:05/10/2022AYE/NAY:26/0  Action: Favorable refer to committee Codes        
Magnarelli
Aye
McDonough
Aye
Lupardo
Aye
DiPietro
Aye
Thiele
Aye
Byrne
Aye
Bronson
Aye
Miller
Aye
Simon
Aye
Norris
Aye
Hunter
Aye
DeStefano
Aye
Williams
Aye
Walczyk
Aye
Fahy
Aye
Frontus
Aye
Jacobson
Aye
McMahon
Aye
Darling
Aye
Wallace
Aye
Burgos
Aye
Gallagher
Aye
Mitaynes
Aye
Sillitti
Aye
De Los Santos
Aye
Cunningham
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/31/2022AYE/NAY:21/0  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Montesano
Aye
Cymbrowitz
Aye
Reilly
Aye
O'Donnell
Aye
Mikulin
Aye
Lavine
Aye
Tannousis
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/01/2022AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Aye
Giglio
Aye
Weinstein
Aye
Blankenbush
Excused
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Excused
Hyndman
Aye

A00911 Floor Votes:

A00911 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         911--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  JEAN-PIERRE,  ENGLEBRIGHT, DICKENS, GRIFFIN,
          STIRPE, D. ROSENTHAL, SMITH, DeSTEFANO, McDONOUGH, THIELE, RA,  STERN,
          GOTTFRIED,  MONTESANO,  WOERNER, B. MILLER -- Multi-Sponsored by -- M.
          of A. MIKULIN -- read once and referred to the Committee on  Transpor-
          tation -- recommitted to the Committee on Transportation in accordance
          with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        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 a new paragraph (e-1) to read as follows:
     3    (e-1)  No  person sixteen years of age or older shall operate a vessel
     4  in violation of paragraph (b), (d) or (e) of this  subdivision  while  a
     5  child who is fifteen years of age or less is a passenger in such vessel.
     6    §  2.  Subparagraphs  2  and  3  of paragraph (f) of subdivision 2 and
     7  subdivision 5-a of section 49-a of the navigation law,  subparagraphs  2
     8  and  3  of paragraph (f) of subdivision 2 as amended and subdivision 5-a
     9  as added by chapter 239 of the laws of 2016,  are  amended  to  read  as
    10  follows:
    11    (2)  A person who operates a vessel (i) in violation of paragraph (b),
    12  (c), (d) [or], (e) or  (e-1)  of  this  subdivision  after  having  been
    13  convicted  of  a violation of paragraph (b), (c), (d) [or], (e) or (e-1)
    14  of this subdivision, or of operating a vessel  or  public  vessel  while
    15  intoxicated  or while under the influence of drugs, within the preceding
    16  ten years, or (ii) in violation of paragraph (e-1) of this  subdivision,
    17  shall be guilty of a class E felony and shall be punished by a period of
    18  imprisonment as provided in the penal law, or by a fine of not less than
    19  one  thousand  dollars  nor  more than five thousand dollars, or by both
    20  such fine and imprisonment.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03782-04-2
        A. 911--A                           2
 
     1    (3) A person who operates a vessel in violation of paragraph (b), (c),
     2  (d) [or], (e) or (e-1) of  this  subdivision  after  having  been  twice
     3  convicted  of  a  violation of any of such paragraph (b), (c), (d) [or],
     4  (e) or (e-1) 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, shall be guilty of a class D felony  and  shall  be
     7  punished  by  a fine of not less than two thousand dollars nor more than
     8  ten thousand dollars or by a period of imprisonment as provided  in  the
     9  penal law, or by both such fine and imprisonment.
    10    5-a.  Sentencing; previous convictions. When sentencing a person for a
    11  violation of paragraph (b), (c), (d) [or], (e) or (e-1)  of  subdivision
    12  two  of  this  section  pursuant to subparagraph two of paragraph (f) of
    13  subdivision two of this section, the  court  shall  consider  any  prior
    14  convictions  the  person  may  have  for a violation of subdivision two,
    15  two-a, three, four, or four-a of section eleven  hundred  ninety-two  of
    16  the  vehicle  and  traffic  law  within  the  preceding  ten years. When
    17  sentencing a person for a violation of paragraph (b), (c), (d) [or], (e)
    18  or (e-1) of subdivision two of this  section  pursuant  to  subparagraph
    19  three  of  paragraph  (f)  of subdivision two of this section, the court
    20  shall consider any prior convictions the person may have for a violation
    21  of subdivision two, two-a, three, four,  or  four-a  of  section  eleven
    22  hundred  ninety-two  of the vehicle and traffic law within the preceding
    23  ten years. When sentencing a person for a violation of subparagraph  two
    24  of  paragraph  (a)  of  subdivision two of this section, the court shall
    25  consider any prior convictions the person may have for  a  violation  of
    26  any  subdivision of section eleven hundred ninety-two of the vehicle and
    27  traffic law within the preceding five years. When  sentencing  a  person
    28  for  a  violation  of subparagraph three of paragraph (a) of subdivision
    29  two of this section, the court shall consider any prior convictions  the
    30  person  may  have  for  a violation of any subdivision of section eleven
    31  hundred ninety-two of the vehicle and traffic law within  the  preceding
    32  ten years.
    33    §  3.  Subparagraph 3 of paragraph (a) of subdivision 3, subdivision 5
    34  and paragraph (a) of subdivision 7 of section  49-a  of  the  navigation
    35  law, as added by chapter 805 of the laws of 1992, are amended to read as
    36  follows:
    37    (3)  a period of twenty-four months where a person is convicted of (i)
    38  a violation of paragraph (b), (c), (d) [or], (e) or (e-1) of subdivision
    39  two of this section after having been convicted of a violation of  para-
    40  graph  (b),  (c),  (d)  [or],  (e)  or  (e-1) of subdivision two of this
    41  section or of operating a vessel or public vessel while  intoxicated  or
    42  under  the  influence of drugs within the preceding ten years, or (ii) a
    43  violation of paragraph (e-1) of subdivision two of this section.
    44    5. Sentencing limitations. Notwithstanding any provision of the  penal
    45  law,  no  judge  or  magistrate shall impose a sentence of unconditional
    46  discharge for a violation of paragraph (b), (c), (d) [or], (e) or  (e-1)
    47  of subdivision two of this section nor shall he or she impose a sentence
    48  of  conditional  discharge unless such conditional discharge is accompa-
    49  nied by a sentence of a fine as provided in this section.
    50    (a) Any person who operates a vessel on the waters of the state  shall
    51  be requested to consent to a chemical test of one or more of the follow-
    52  ing:  breath, blood, urine, or saliva for the purpose of determining the
    53  alcoholic or drug content of his  blood,  provided  that  such  test  is
    54  administered at the direction of a police officer: (1) having reasonable
    55  cause to believe such person to have been operating in violation of this
    56  subdivision or paragraph (a), (b), (c), (d) [or], (e) or (e-1) of subdi-
        A. 911--A                           3
 
     1  vision  two  of  this section and within two hours after such person has
     2  been placed under arrest for any such violation or (2) within two  hours
     3  after  a  breath test as provided in paragraph (b) of subdivision six of
     4  this section indicates that alcohol has been consumed by such person and
     5  in  accordance  with the rules and regulations established by the police
     6  force of which the officer is a member.
     7    § 4. Section 49-a of the navigation law is amended  by  adding  a  new
     8  subdivision 14 to read as follows:
     9    14.  Report.  Where  a  law enforcement officer alleges a violation of
    10  paragraph (e-1) of subdivision two of this section and the  operator  of
    11  the  vessel  is sixteen years of age or older and is a parent, guardian,
    12  custodian of, or other person legally responsible for, a  child  who  is
    13  fifteen  years  of  age  or less who is a passenger in such vessel, such
    14  officer shall report or cause a report to be  made  in  accordance  with
    15  title six of article six of the social services law, if applicable.
    16    § 5. Subdivisions 5 and 6 of section 120.04 of the penal law, subdivi-
    17  sion  5 as amended and subdivision 6 as added by chapter 496 of the laws
    18  of 2009, are amended and a  new  subdivision  7  is  added  to  read  as
    19  follows:
    20    (5)  has  previously been convicted of violating any provision of this
    21  article or article one hundred twenty-five of this title  involving  the
    22  operation  of  a  motor  vehicle, or was convicted in any other state or
    23  jurisdiction of an offense involving the operation of  a  motor  vehicle
    24  which,  if committed in this state, would constitute a violation of this
    25  article or article one hundred twenty-five of this title; [or]
    26    (6) commits such crime while operating a motor vehicle while  a  child
    27  who is fifteen years of age or less is a passenger in such motor vehicle
    28  and causes serious physical injury to such child[.]; or
    29    (7)  commits such crime while operating a vessel in violation of para-
    30  graph (e-1) of subdivision two of section forty-nine-a of the navigation
    31  law while a child who is fifteen years of age or less is a passenger  in
    32  such vessel and causes serious physical injury to such child.
    33    §  6.  Subdivisions 5 and 6 of section 125.13 of the penal law, subdi-
    34  vision 5 as amended and subdivision 6 as added by  chapter  496  of  the
    35  laws  of  2009,  are amended and a new subdivision 7 is added to read as
    36  follows:
    37    (5) has previously been convicted of violating any provision  of  this
    38  article or article one hundred twenty of this title involving the opera-
    39  tion  of  a motor vehicle, or was convicted in any other state or juris-
    40  diction of an offense involving the operation of a motor vehicle  which,
    41  if committed in this state, would constitute a violation of this article
    42  or article one hundred twenty of this title; [or]
    43    (6)  commits  such crime while operating a motor vehicle while a child
    44  who is fifteen years of age or less is a passenger in such motor vehicle
    45  and causes the death of such child[.]; or
    46    (7) commits such crime while operating a vessel in violation of  para-
    47  graph (e-1) of subdivision two of section forty-nine-a of the navigation
    48  law  while a child who is fifteen years of age or less is a passenger in
    49  such vessel and causes the death of such child.
    50    § 7. This act shall take effect on the one hundred eightieth day after
    51  it shall have become a law; provided that this act shall  not  apply  to
    52  any offense committed before the date of enactment. Effective immediate-
    53  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    54  necessary for the implementation of this act on its effective  date  are
    55  authorized to be made and completed on or before such effective date.