What's happening
This bill counts prior boating while intoxicated convictions as prior DWI convictions for determining penalties under New York law.
Why it matters
Closes a legal loophole. by ensuring that convictions for boating while intoxicated (BWI) are treated the same as driving while intoxicated (DWI) convictions when calculating repeat-offender penalties—meaning someone with a past BWI can’t avoid harsher penalties for later DWI offenses.
Increases accountability for impaired operation of any vehicle. , signaling that the state views operating a boat under the influence as seriously as operating a car, which may act as a deterrent against intoxicated boating.
Strengthens administrative actions. , such as license suspensions or revocations, by allowing boating-related intoxication convictions to trigger the same consequences as drunk driving convictions, potentially resulting in longer or more severe penalties for repeat offenders.
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Who cares
Headline styles
Boat DUIs Count as DWIs
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to transportation
- 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.
Count Boating DUIs as DWIs
In Senate Committee · Transportation · Sponsor David Carlucci
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 1710 A. 1490
2019-2020 Regular Sessions
SENATE - ASSEMBLY
January 15, 2019
IN SENATE -- Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
IN ASSEMBLY -- Introduced by M. of A. GALEF, BUCHWALD, BYRNE -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to including prior convictions of operation of a vessel while under the influence of alcohol or drugs as prior convictions of driving while intoxicated
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as "Bryan Johnson's Law".
§ 2. Section 1192 of the vehicle and traffic law is amended by adding a new subdivision 8-b to read as follows:
8-b. Effect of prior convictions of operation of a vessel while under the influence of alcohol or drugs. A prior conviction for operation of a vessel while under the influence of alcohol or drugs under paragraph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of the navigation law shall be deemed to be a prior conviction of a violation of subdivision two of this section for purposes of determining penalties imposed under this section or for purposes of any administrative action required to be taken pursuant to subdivision two of section eleven hundred ninety-three of this article. A prior conviction for operation of a vessel while under the influence of alcohol or drugs under paragraph (a) of subdivision two of section forty-nine-a of the navigation law shall be deemed to be a prior conviction of a violation of subdivision one of this section for purposes of determining penalties imposed under this section or for purposes of any administrative action required to be taken pursuant to subdivision two of section eleven hundred ninety-three of this article.
§ 3. This act shall take effect on the first of November after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01902-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.