Enacts "Bryan Johnson's law"; includes prior convictions of operation of a vessel while under the influence of alcohol or drugs as prior convictions of driving while intoxicated.
STATE OF NEW YORK
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4733--A
2021-2022 Regular Sessions
IN SENATE
February 10, 2021
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Introduced by Sen. REICHLIN-MELNICK -- read twice and ordered printed,
and when printed to be committed to the Committee on Transportation --
recommitted to the Committee on Transportation in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to including
prior convictions of operation of a vessel while under the influence
of alcohol or drugs as prior convictions of driving while intoxicated
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Bryan
2 Johnson's Law".
3 § 2. Section 1192 of the vehicle and traffic law is amended by adding
4 a new subdivision 8-b to read as follows:
5 8-b. Effect of prior convictions of operation of a vessel while under
6 the influence of alcohol or drugs. A prior conviction for operation of a
7 vessel while under the influence of alcohol or drugs under paragraph
8 (b), (c), (d) or (e) of subdivision two of section forty-nine-a of the
9 navigation law within the preceding ten years shall be considered by the
10 court for purposes of determining penalties imposed for a violation of
11 subdivision two, two-a, three, four or four-a of this section or for
12 purposes of any administrative action required to be taken pursuant to
13 subdivision two of section eleven hundred ninety-three of this article.
14 A prior conviction for operation of a vessel while under the influence
15 of alcohol or drugs under paragraph (a), (b), (c), (d) or (e) of subdi-
16 vision two of section forty-nine-a of the navigation law within the
17 preceding five years shall be considered by the court for purposes of
18 determining penalties imposed for a violation of subdivision one of this
19 section or for purposes of any administrative action required to be
20 taken pursuant to subdivision two of section eleven hundred ninety-three
21 of this article. A prior conviction for operation of a vessel while
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08258-02-2
S. 4733--A 2
1 under the influence of alcohol or drugs under paragraph (a), (b), (c),
2 (d) or (e) of subdivision two of section forty-nine-a of the navigation
3 law within the preceding ten years shall be considered by the court for
4 purposes of determining penalties imposed upon a person for a violation
5 of any subdivision of this section after having been convicted two or
6 more times for a violation of this section within the preceding ten
7 years or for purposes of any administrative action required to be taken
8 pursuant to subdivision two of section eleven hundred ninety-three of
9 this article.
10 § 3. This act shall take effect on the first of November after it
11 shall have become a law.
