Relates to penalties for persons leaving the scene of a boating accident

BILL NUMBER:A2262A REPLACEMENT 6/3/09

Title of bill

An act to amend the navigation law, in relation to penalties for persons leaving the scene of a boating accident

Purpose or general idea of bill

This legislation increases the penal- ties for the crime of leaving the scene of a boating accident and makes the penalties consistent with the similar crime concerning automobiles.

Summary of specific provisions

Section 1 - Amends paragraph (b) of subdivision 2 of section 47 of the Navigation Law and increases the penalties for leaving the scene of a boating accident when a person knows or should know there has been an injury to another person.

A first violation where an operator fails to provide his or her name, the name and address of the owner of the vessel, and the vessel iden- tification number, if any, to the other party constitutes a class B misdemeanor. A subsequent offense within five years after the first conviction of such violation constitutes a class A misdemeanor.

If a vessel operator, who knows or should know that there has been an injury to another person, leaves the scene of the accident without reporting the accident to law enforcement, this violation constitutes a class A misdemeanor. Any subsequent such violation constitutes a class E felony.

If a vessel operator, who knows or should know that there has been an injury to another person, leaves the scene of the accident without reporting the accident to law enforcement, and the injured person suffers serious physical injury, as defined by the penal law, or a person has disappeared under water as a result of the accident, this violation constitutes a class E felony. In the event that someone dies as a result of the unreported accident, this violation constitutes a class D felony.

Section 2 - Effective date.

Justification

During the summer of 2007, two tragic boating accidents occurred on Central New York lakes. After both accidents, the irrespon- sible boaters who were the cause of the accidents left the accident scenes without even attempting to help the injured boaters, find assist- ance, or notify the authorities. Sadly, the penalties that can be imposed for leaving the scene of a boating accident are weak and not even consistent with the penalties that can be imposed for similar crimes that occur on roadways. This is illogical, inconsistent, and must be changed. This legislation increases the penalties for leaving the scene of a boating accident and makes the penalties consistent with the penalties that can be imposed for leaving the scene of a motor vehicle accident.

Prior legislative history

2008: A.9812-A - Passed Assembly

Fiscal implications

None

Effective date

November 1 next succeeding the date on which this act shall have become a law.