Bill Text: NY A07451 | 2011-2012 | General Assembly | Amended

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Bill Title: Enacts "Tiffany Heitkamp's law"; relates to the effect of prior conviction for operation of certain vehicles while intoxicated upon imposition of penalties for boating while intoxicated.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2012-06-21 - held for consideration in codes [A07451 Detail]

Download: New_York-2011-A07451-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7451--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 4, 2011
                                      ___________
       Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
         Committee on Transportation --  committee  discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       AN  ACT  to amend the navigation law, the parks, recreation and historic
         preservation law and the vehicle and traffic law, in relation  to  the
         effect  of  prior  conviction  for operation of certain vehicles while
         intoxicated upon imposition of penalties for boating while intoxicated
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  "Tiffany Heitkamp's law".
    3    S 2. Section 49-a of the navigation law is amended  by  adding  a  new
    4  subdivision 14 to read as follows:
    5    14. EFFECT OF PRIOR CONVICTION FOR OPERATION OF A MOTOR VEHICLE, SNOW-
    6  MOBILE,  OR  ALL TERRAIN VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR
    7  DRUGS. A PRIOR CONVICTION FOR OPERATION OF A MOTOR VEHICLE  WHILE  UNDER
    8  THE  INFLUENCE  OF  ALCOHOL  OR  DRUGS PURSUANT TO SUBDIVISION ONE, TWO,
    9  TWO-A, THREE, FOUR, FOUR-A, FIVE OR SIX OF SECTION ELEVEN HUNDRED  NINE-
   10  TY-TWO  OF THE VEHICLE AND TRAFFIC LAW, A PRIOR CONVICTION FOR OPERATION
   11  OF A SNOWMOBILE ON A STREET OR HIGHWAY  WHILE  UNDER  THE  INFLUENCE  OF
   12  ALCOHOL  OR  DRUGS  PURSUANT  TO SUBDIVISION ONE OF SECTION 25.24 OF THE
   13  PARKS, RECREATION AND HISTORIC PRESERVATION LAW, OR A  PRIOR  CONVICTION
   14  FOR  OPERATION  OF AN ALL TERRAIN VEHICLE WHILE IN AN INTOXICATED CONDI-
   15  TION OR UNDER THE INFLUENCE OF NARCOTICS OR DRUGS PURSUANT TO  PARAGRAPH
   16  (H)  OF SUBDIVISION ONE OF SECTION TWENTY-FOUR HUNDRED FOUR OF THE VEHI-
   17  CLE AND TRAFFIC LAW SHALL BE DEEMED  TO  BE  A  PRIOR  CONVICTION  OF  A
   18  VIOLATION OF ANY SUBDIVISION OF THIS SECTION FOR PURPOSES OF DETERMINING
   19  PENALTIES  IMPOSED  PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
   20  SECTION, AND SHALL BE DEEMED TO BE A PRIOR CONVICTION OF A VIOLATION  OF
   21  PARAGRAPH  (B),  (C),  (D) OR (E) OF SUBDIVISION TWO OF THIS SECTION FOR
   22  PURPOSES OF DETERMINING PENALTIES IMPOSED PURSUANT TO PARAGRAPH  (F)  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03775-03-1
       A. 7451--A                          2
    1  SUCH  SUBDIVISION,  AND  SHALL  BE  DEEMED TO BE A PRIOR CONVICTION OF A
    2  VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION TWO  OF  THIS
    3  SECTION  FOR  PURPOSES  OF  DETERMINING  PENALTIES  IMPOSED  PURSUANT TO
    4  SUBPARAGRAPH  THREE  OF  PARAGRAPH  (A)  OF  SUBDIVISION  THREE  OF THIS
    5  SECTION.
    6    S 3.  Section 25.24 of the parks, recreation and historic preservation
    7  law is amended by adding a new subdivision 4-a to read as follows:
    8    4-A. A PRIOR CONVICTION FOR OPERATION OF  A  VESSEL  WHILE  UNDER  THE
    9  INFLUENCE  OF  ALCOHOL  OR  DRUGS PURSUANT TO SUBDIVISION TWO OF SECTION
   10  FORTY-NINE-A OF THE NAVIGATION LAW, A PRIOR CONVICTION FOR OPERATION  OF
   11  A  MOTOR  VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PURSUANT
   12  TO SUBDIVISION ONE, TWO, TWO-A, THREE, FOUR,  FOUR-A,  FIVE  OR  SIX  OF
   13  SECTION  ELEVEN  HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR A
   14  PRIOR CONVICTION FOR OPERATION OF AN ALL TERRAIN  VEHICLE  WHILE  IN  AN
   15  INTOXICATED  CONDITION  OR  UNDER  THE  INFLUENCE  OF NARCOTICS OR DRUGS
   16  PURSUANT TO PARAGRAPH (H) OF  SUBDIVISION  ONE  OF  SECTION  TWENTY-FOUR
   17  HUNDRED  FOUR  OF  THE  VEHICLE  AND TRAFFIC LAW SHALL BE DEEMED TO BE A
   18  PRIOR CONVICTION OF PARAGRAPH (B), (C), OR (D)  OF  SUBDIVISION  ONE  OF
   19  THIS SECTION OR OF OPERATING A SNOWMOBILE WHILE INTOXICATED OR UNDER THE
   20  INFLUENCE  OF DRUGS FOR PURPOSES OF DETERMINING PENALTIES IMPOSED PURSU-
   21  ANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION AND SUBPARAGRAPH
   22  THREE OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, AND SHALL  BE
   23  DEEMED  TO  BE A PRIOR CONVICTION OF ANY PARAGRAPH OF SUBDIVISION ONE OF
   24  THIS SECTION FOR PURPOSES OF DETERMINING PENALTIES IMPOSED  PURSUANT  TO
   25  SUBPARAGRAPH  ONE  AND  SUBPARAGRAPH TWO OF PARAGRAPH (D) OF SUBDIVISION
   26  SIX OF THIS SECTION.
   27    S 4. Section 1192 of the vehicle and traffic law is amended by  adding
   28  a new subdivision 8-b to read as follows:
   29    8-B. EFFECT OF PRIOR CONVICTION FOR OPERATION OF A VESSEL, SNOWMOBILE,
   30  OR  ALL TERRAIN VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. A
   31  PRIOR CONVICTION FOR OPERATION OF A VESSEL WHILE UNDER THE INFLUENCE  OF
   32  ALCOHOL  OR DRUGS PURSUANT TO SUBDIVISION TWO OF SECTION FORTY-NINE-A OF
   33  THE NAVIGATION LAW, A PRIOR CONVICTION FOR OPERATION OF A SNOWMOBILE  ON
   34  A STREET OR HIGHWAY WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PURSU-
   35  ANT  TO  SUBDIVISION  ONE  OF SECTION 25.24 OF THE PARKS, RECREATION AND
   36  HISTORIC PRESERVATION LAW, OR A PRIOR CONVICTION FOR OPERATION OF AN ALL
   37  TERRAIN VEHICLE WHILE IN AN INTOXICATED CONDITION OR UNDER THE INFLUENCE
   38  OF NARCOTICS OR DRUGS PURSUANT TO PARAGRAPH (H) OF  SUBDIVISION  ONE  OF
   39  SECTION TWENTY-FOUR HUNDRED FOUR OF THIS CHAPTER SHALL BE DEEMED TO BE A
   40  PRIOR  CONVICTION  OF A VIOLATION OF SUBDIVISION ONE OF THIS SECTION FOR
   41  PURPOSES OF DETERMINING PENALTIES IMPOSED PURSUANT TO  THIS  SECTION  OR
   42  FOR  PURPOSES OF ANY ADMINISTRATIVE ACTION REQUIRED TO BE TAKEN PURSUANT
   43  TO SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS  ARTI-
   44  CLE.
   45    S 5. This act shall take effect on the one hundred twentieth day after
   46  it  shall  have become a law and shall apply to convictions occurring on
   47  and after such date.