Makes certain convictions for operating under the influence predicates for other operating under the influence convictions

7 Co-sponsors

• Tony Avella
• John J. Flanagan
• Joseph A. Griffo
• William J. Larkin Jr.
• Kenneth P. LaValle
• George D. Maziarz
• Stephen M. Saland

BILL NUMBER:S2860A

Title of bill

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

Purpose

To improve highway, marine and recreational vehicle safety by increasing the penalties for repeat offenders of laws prohibiting operation while under the influence of alcohol or drugs.

Summary of provisions

Section One. Names this act "Tiffany Heitkamp's law."

Section Two. Amends Navigation Law § 49-a by adding a new subdivision 14 to deem a prior conviction for operation of a motor vehicle, snowmobile or all terrain vehicle while under the influence of alcohol or drugs to be a prior conviction of operating a vessel while under the influence of alcohol or drugs, for the purpose of imposing penalties subject to such section.

Section Three. Amends Parks, Recreation and Historic Preservation Law

§ 25.24 by adding a new subdivision 4-a to deem a prior conviction for operation of a vessel, motor vehicle or all terrain vehicle while under the influence of alcohol or drugs to be a prior conviction of operating a snowmobile while under the influence of alcohol or drugs, for the purpose of imposing penalties subject to such section.

Section Four. Amends Vehicle and Traffic Law § 1192 by adding a new subdivision 8-b to deem a prior conviction for operation of a vessel, snowmobile or all terrain vehicle while under the influence of alcohol or drugs to be a prior conviction of operating a motor vehicle while under the influence of alcohol or drugs, for the purpose of imposing penalties subject to such section or § 1193 of the Vehicle and Traffic Law.

Section Five. Effective date.

Justification

Reflecting their danger to society, and failure to learn from a past mistake, repeat offenders of Boating While Intoxicated (BWI), Snowmobiling While Intoxicated (SWI) and Driving While Intoxicated (DWI) laws are subject to increased penalties including revocation of operator privileges, large fines and possible incarceration. However, because there is no linkage in statute between these offenses, it is possible to be convicted in separate cases of operating a vessel, a

car, a snowmobile and an all terrain vehicle and be treated as a first time offender in each instance despite four violations of similar laws. Several cases have occurred where a SWI offense has been committed, causing injury and damage losses to others, by a person whose driving privileges were at the time revoked in connection with a DWI conviction. The tragic death of Tiffany Heitkamp is one of these cases. Tiffany, a young Syracuse-area woman, was killed in July 2006 while traveling as a passenger in a boat being operated by an intoxicated individual. The individual operating the boat had a record of alcohol-related automobile incidents. Because there is currently no link between BWIs, DWIs, and DWIs, this individual could only be charged as if this were his first BWI.

Providing a link between various laws prohibiting operation while under the influence will hold violators accountable for a history of irresponsible behavior operating a powerful and potentially deadly motorized vehicle.

Legislative history

1997-98: S.4451 1999-00: S.4217A 2001-02: S.377 2003-04: S.1671 2005-06: S.52 2007-08: S.3271 2009-10: S.2917

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law and shall apply to convictions occurring on and after such date.