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S3785Senate2015-2016 SessionSame asA1597

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

Sponsor John A. DeFranciscoSD-50+4 co-sponsorsAffects Transportation
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A1597

What's happening

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Who cares

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Sponsors

Primary sponsor
John A. DeFrancisco

Senator · Senate District 50

Chair, Finance

History

  1. Substituted by A1597A
  2. Amended on third reading (t) 3785a
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.649
  6. Referred to transportation
  7. Returned to senate
  8. Died in assembly
  9. Referred to transportation
  10. Delivered to assembly
  11. Passed senateVote 63–0
  12. Ordered to third reading cal.1610
Show 2 earlier actions
  1. Committee discharged and committed to rules
  2. 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.

A1597Assembly

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

Signed by Governor · Sponsor William Magnarelli

Signed into law

Full text

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

Sponsor's memo

Title of bill

An act to amend the navigation 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 and marine vehicle safety by requiring judges to take into account prior convictions for Driving While Intoxicated (DWI) when sentencing someone convicted of Boating While Intoxicated (BWI).

Summary of provisions

Section 1: Names this act "Tiffany Heitkamp's law."

Section 2: Amends paragraphs (a) and (f) of subdivision 2 of section 49-a of the Navigation Law to make technical corrections.

Section 3: Amends Section 49-a of the Navigation Law by adding a new subdivision 5-a. This new section states that a sentencing court shall consider prior DWI convictions in the past ten years when sentencing a defendant for a BWI.

Section 4: Establishes the effective date.

Justification

Reflecting their danger to society, and failure to learn from a past mistake, repeat offenders of Boating While Intoxicated (BWI) 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 or car and be sentenced as a first time offender in each instance despite previous violations of similar laws. Several cases have occurred where a BWI 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 person operating the boat had a record of DWIs. Because there is currently no link between BWIs and DWIs, this individual was sentenced as if he was a first-time offender in a boat.

This legislation would require a sentencing judge in a BWI case to consider past car DWI offenses. Creating this requirement would direct a judge to impose a higher sentence in these situations. Those who repeatedly violate intoxicated operation laws should not be given leniency because they have re-offended in a boat versus a car.

Legislative history

2005-06: A.5678, 2007-08: A.6970 2009-10: S.2917, 2011-12, A.7451-B, 2013-14: A.3804.

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it 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.