BILL NUMBER: S258
SPONSOR: MARTINEZ
 
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:
The purpose of this legislation is to improve highway and marine vehicle
safety by mirroring the provisions of chapter 239 of 2016, to allow
judges to take into account prior Boating While Intoxicated (BWI)
offenses when sentencing defendants for Driving While Intoxicated (DWI).
 
SUMMARY OF PROVISIONS:
Section 1. provides that this act shall be known as "Bryan Johnson's
Law".
Section 2. amends § 1192 of the Vehicle and Traffic Law by adding subdi-
vision 8-b, allowing a judge presiding over a DWI case to consider a
defendant's prior BWI convictions for sentencing purposes. For less
severe BWI offenses, a judge will be permitted to consider DWI offenses
that occurred within the last five years. For more severe BWI offenses,
a judge will be permitted to consider DWI offenses that occurred within
the last ten years.
Section 3. is the enacting clause.
 
JUSTIFICATION:
This proposal aims to address the issue of repeat offenders of BWI and
DWI laws by making technical corrections and allowing judges to consider
a defendant's preceding BWIs for sentencing. As these repeat offenders
pose a significant danger to society and have failed to learn from past
mistakes, they are subject to increased penalties, including the revoca-
tion of operator privileges, large fines, and possible incarceration.
Currently, when a judge is sentencing a defendant for a BWI offense,
they are permitted to consider the defendant's preceding DWI offenses.
However, when a judge is sentencing a defendant for a DWI offense, they
are not allowed to consider the defendant's preceding BWI offenses. This
discrepancy means that a person's prior BWI convictions have no bearing
on DWI sentencing determinations.
It is crucial to note that those who repeatedly violate intoxicated
operation laws should not receive leniency because they have re-offended
in a car as opposed to a boat. By allowing judges to consider a defend-
ant's preceding BWIs for sentencing, this proposal seeks to address this
discrepancy and ensure that repeat offenders are held accountable for
their actions.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of November after it shall have
become a law.

Statutes affected:
S258: 1192 vehicle and traffic law