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History
- Substituted by A1597A
- Amended on third reading (t) 3785a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.649
- Referred to transportation
- Returned to senate
- Died in assembly
- Referred to transportation
- Delivered to assembly
- Passed senateVote 63–0
- Ordered to third reading cal.1610
Show 2 earlier actions
- Committee discharged and committed to rules
- 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.
Makes certain convictions for operating under the influence predicates for other operating under the influence convictions
Signed by Governor · Sponsor William Magnarelli
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.