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S1638Senate2009-2010 SessionSame asA2259

Provides for an increase in penalties for obstruction of driver's view or operator's view in a vessel if injury or death results

Sponsor David J. ValeskySD-49Affects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Sponsors

Primary sponsor
David J. Valesky

Senator · Senate District 49

No co-sponsors yet.

History

  1. Reported and committed to codes
  2. Referred to transportation
  3. Referred to transportation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A2259Assembly

Provides for an increase in penalties for obstruction of driver's view or operator's view in a vessel if injury or death results

In Assembly Committee · Transportation · Sponsor Albert A. Stirpe

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law and the navigation law, in relation to increasing penalties for certain obstructed view for drivers of motor vehicles and operators of vessels that result in injury or death

Purpose or general idea of bill

To ensure that there is an appropriate penalty when there is an obstruction to the operator's view of a motor vehicle or vessel that results in an injury or death.

Summary of specific provisions

Section 1 - Amends section 1213 of the Vehicle and Traffic Law by adding a subdivision (c). Subdivision (c) states that it is a class A misdemeanor if one drives while his or her view is obstructed or is a passenger who obstructs a driver's view and the obstruction results in an injury. Additionally, it shall be a class E felony if one drives while his or her view is obstructed or is a passenger who obstructs a driver's view and the obstruction results in death.

Section 2 - Adds a new section 45-e to the Navigation Law by creating a crime of reckless operation of a vessel. Subsection 1 prohibits any passenger from obstructing the view of a vessel operator. Subsection 3 makes any violation of subsections 1or 2 a class A misdemeanor if an injury occurs, and subsection 3 also makes a violation of subsections 1 of 2 a class E felony if a death occurs.

Section 2 - Effective Date

Justification

In August 2007, the reckless operation of a vessel on Oneida Lake contributed to the death of an elderly Central New York man. News reports stated that the Operator of the vessel that accidentally killed the man was "kissing" a female passenger during the moments before the accident. Vessels, like motor vehicles, can be dangerous instruments when not operated with care. New Yorkers deserve to know that fellow motorists and boaters are operating their cars and boats responsibly. This legislation will ensure that those responsible are Punished appropriately when a driver's or boat operator's view is obstructed and the obstruction results in an injury or death.

Prior legislative history

2008: A.9884 Transportation

Fiscal implications

None.

Effective date

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

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.