What's happening
This bill counts prior convictions for operating a boat while intoxicated as prior offenses for determining penalties for drunk driving.
Why it matters
Closes a legal loophole. By treating prior convictions for boating while intoxicated as relevant prior offenses for drunk driving penalties, the bill ensures that individuals can't avoid harsher consequences simply by switching between vehicles and vessels.
Increases accountability for repeat offenders. Those with a history of operating a boat under the influence will face escalating penalties if later convicted of drunk driving a car, potentially serving as a stronger deterrent against impaired operation of any vehicle.
Aligns consequences across transportation modes. The bill recognizes that impaired operation—whether by boat or car—poses serious public safety risks and deserves unified treatment under the law, making penalties more consistent and comprehensive.
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Who cares
Headline styles
Count Boating DUIs as DWIs
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
1 Co-sponsor
History
- Referred to transportation
- Reported and committed to codes
- 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.
Boat DUIs Count as DWIs
In Assembly Committee · Transportation · Sponsor Sandy Galef
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.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
The purpose of this legislation, the Bryan Johnson Law, is to improve highway and marine vehicle safety by requiring judges to take into account prior convictions for Boating While Intoxicated (BWI) when sentencing someone to Driving While Intoxicated (DWI).
Summary of provisions
Section 1. This act shall be known as "Bryan Johnson's Law".
Section 2. Section 1192 of the Vehicle and Traffic Law is amended by adding a new subdivision 8-b, which states that a prior conviction for operation of a vessel while under the influence of alcohol or drugs under 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 administra- tive action required to be taken pursuant to subdivision two of section 1193 of this article.
Section 3. Establishes the effective date.
Justification
Reflecting their danger to society, and failure to learn from a past mistake, repeat offenders of BWI and 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 DWI offense has been committed, causing injury and damage losses to others, by a person who also had a BWI conviction.
This legislation would require the sentencing judge in a DWI case to consider past BWI offenses, with a 25-year lookback. 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 care versus a boat.
Prior legislative history
S. 6832-A and A. 8582-A of 2017/2018
Fiscal implications for state and local governments
There are no fiscal implications associated with the passage of this legislation.
Effective date
This act shall take effect on the first of November after 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.