BILL NUMBER: S3256
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the parks, recreation and historic preservation law, in
relation to increasing the penalties for operating a snowmobile while
intoxicated
 
PURPOSE:
The purpose of this bill is to establish the crime of aggravated snowmo-
biling while intoxicated, to increase the penalties and fines for such
crime, and to ensure that any conviction for operating a snowmobile,
boat or motor vehicle while intoxicated shall be considered a prior
conviction for the purposes of sentencing a person charged with snowmo-
biling while intoxicated.
 
SUMMARY OF PROVISIONS:
Section 1: amends paragraphs (a), (b) and (e) of subdivision 1 of
section 25.24 of the parks, recreation and historic preservation law to
establish that no person shall operate a snowmobile while he or she has
.16 of one per centum or more by weight of alcohol in his or her blood,
breath, urine, or saliva, as determined by a chemical test; and estab-
lishes the penalties and fines for a violation of this section.
Section 2: establishes that any conviction for operating a snowmobile,
boat or motor vehicle while intoxicated shall be considered a prior
conviction for the purposes of sentencing a person charged with snowmo-
biling while intoxicated.
Section 3: establishes the effective date.
 
JUSTIFICATION:
The 2018-2019 snowmobiling season produced the second highest number of
snowmobiling fatalities recorded in the last two decades. There are
several factors that produced this high number of fatalities, one of
which is irresponsible behavior on the part of some operators. As a
result, many long-time snowmobilers are considering leaving the sport
because of the perceived dangers posed by the recklessness of other
riders on some trails and in certain parts of the state.
This bill will establish the crime of aggravated snowmobiling while
intoxicated and will ensure that any conviction for operating a snowmo-
bile, boat or motor vehicle while intoxicated shall be considered a
prior conviction for the purposes of sentencing a person charged with
snowmobiling while intoxicated or aggravated snowmobiling while intoxi-
cated. By increasing the penalties and fines associated with an SWI
conviction, where the operator had an excessively high (0.16+) BAC, more
operators will be deterred from drinking and driving in NYS.
 
LEGISLATIVE HISTORY:
S.8391 of 2023-24
A.2369 of 2022: Referred to Transportation.
A.10215 of 2020: Referred to Transportation.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S3256: 25.24 parks recreation and historic preservation law