Bill Text: NY S00258 | 2025-2026 | General Assembly | Introduced

---

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: Bipartisan Bill

Status: (Introduced) 2025-01-08 - REFERRED TO TRANSPORTATION [S00258 Detail]

Download: New_York-2025-S00258-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           258

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sens.  MARTINEZ, ADDABBO, BORRELLO, HARCKHAM, PALUMBO --
          read twice and ordered printed, and when printed to  be  committed  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. Short title. This act shall be known and may  be  cited  as
     2  "Bryan 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),

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00356-01-5
        S. 258                              2

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