Bill Text: NY A08224 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to transportation [A08224 Detail]

Download: New_York-2023-A08224-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8224

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    November 6, 2023
                                       ___________

        Introduced  by  M.  of  A.  LEVENBERG  --  read once and referred to the
          Committee on Transportation

        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
    22  under the influence of alcohol or drugs under paragraph (a),  (b),  (c),
    23  (d)  or (e) of subdivision two of section forty-nine-a of the navigation
    24  law within the preceding ten years shall be considered by the court  for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07645-01-3
        A. 8224                             2

     1  purposes  of determining penalties imposed upon a person for a violation
     2  of any subdivision of this section after having been  convicted  two  or
     3  more  times  for  a  violation  of this section within the preceding ten
     4  years  or for purposes of any administrative action required to be taken
     5  pursuant to subdivision two of section eleven  hundred  ninety-three  of
     6  this article.
     7    §  3.  This  act  shall  take effect on the first of November after it
     8  shall have become a law.