Increases the penalties for persons leaving the scene of a boating accident

4 Co-sponsors

• David Carlucci
• William J. Larkin Jr.
• Michael H. Ranzenhofer
• Lee M. Zeldin

BILL NUMBER:S339 REVISED 1/11/13

Title of bill

An act to amend the navigation law, in relation to increasing the penalties for persons leaving the scene of a boating accident without making a report

Purpose

This legislation increases the penalties for the crime of leaving the scene of a boating accident and makes the penalties consist- ent with the similar crime concerning automobiles. Additionally, this bill increases the penalties for failing to make a report to the Trans- portation Commissioner after a boating accident.

Summary of 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 offense shall be increased from a B to an A misdemeanor and a second offense within five years of the first offense shall be increased from an A misdemeanor to an E felony.

Section 2 - Amends subdivision 2 of section 73-c of the Navigation Law and increases the penalties for the crime of leaving the scene of a boating accident without reporting. A first offense shall be a B misde- meanor and a second offense committed within twenty-four months of the first shall be an A misdemeanor. Additionally, if a third offense is committed and all three offenses are committed within twenty-four months, then the third offense shall be punished as an E felony.

Section 3 -- Amends section 47-b of the Navigation Law and increases the penalty for failing to report to the Transportation Commissioner after a boating accident. This amendment increases the penalty from a violation to an A misdemeanor.

Section 4 -- 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.

Legislative history

S.3760/A.7450 of 2011-2012 S.4311 of 2009-2010 S.6657 of 2008 (Passed Senate)

Fiscal implications

None

Local fiscal implications

None

Effective date

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