STATE OF NEW YORK ________________________________________________________________________ 474 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. WOERNER -- read once and referred to the Commit- tee on Transportation AN ACT to amend the parks, recreation and historic preservation law, in relation to increasing the penalties for operating a snowmobile while intoxicated The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a), (b) and (e) of subdivision 1 of section 2 25.24 of the parks, recreation and historic preservation law, paragraphs 3 (a) and (b) as amended by chapter 311 of the laws of 2007 and paragraph 4 (e) as added by chapter 629 of the laws of 1998, are amended to read as 5 follows: 6 (a) No person shall operate a snowmobile upon a street, highway, 7 public trails, lands, bodies of water, or private property of another 8 while [his or her] their ability to operate such snowmobile is impaired 9 by the consumption of alcohol. (1) A violation of this subdivision shall 10 be an offense and shall be punishable by a fine of not less than two 11 hundred fifty dollars nor more than three hundred fifty dollars, or by 12 imprisonment in a penitentiary or county jail for not more than fifteen 13 days, or by both such fine and imprisonment. (2) A person who operates a 14 snowmobile in violation of this subdivision after being convicted of a 15 violation of any subdivision of this section within the preceding five 16 years shall be punished by a fine of not less than five hundred dollars 17 nor more than fifteen hundred dollars, or by imprisonment of not more 18 than thirty days in a penitentiary or county jail or by both such fine 19 and imprisonment. 20 (b) (1) No such person shall operate a snowmobile upon a street, high- 21 way, public trails, lands, bodies of water, or private property of 22 another while [he or she] such person has .08 of one per centum or more 23 by weight of alcohol in [his or her] their blood, breath, urine, or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01973-01-5
A. 474 2 1 saliva, as determined by the chemical test made pursuant to the 2 provisions of subdivision six of this section. 3 (2) No such person shall operate a snowmobile upon a street, highway, 4 public trails, lands, bodies of water, or private property of another 5 while such person has .16 of one per centum or more by weight of alcohol 6 in their blood, breath, urine, or saliva, as determined by the chemical 7 test made pursuant to the provisions of subdivision six of this section. 8 (e) (1) A violation of subparagraph one of paragraph (b), or paragraph 9 (c)[,] or (d) of this subdivision shall be a misdemeanor and shall be 10 punishable by imprisonment in a penitentiary or county jail for not more 11 than ninety days, or by a fine of not less than three hundred fifty 12 dollars nor more than five hundred dollars, or by both such fine and 13 imprisonment. 14 (2) A person who operates a snowmobile in violation of subparagraph 15 one of paragraph (b), or paragraph (c)[,] or (d) of this subdivision 16 after having been convicted of a violation of subparagraph one of para- 17 graph (b), of paragraph (c)[,] or (d) of this subdivision, or of operat- 18 ing a snowmobile while intoxicated or while under the influence of 19 drugs, within the preceding ten years, shall be guilty of a misdemeanor 20 and shall be punished by imprisonment for not more than one year, or by 21 a fine of not less than five hundred dollars nor more than fifteen 22 hundred dollars, or by both such fine and imprisonment. 23 (3) A person who operates a snowmobile in violation of subparagraph 24 one of paragraph (b), or paragraph (c)[,] or (d) of this subdivision 25 after having been twice convicted of a violation of subparagraph one of 26 paragraph (b), or paragraph (c)[,] or (d) of this subdivision, or of 27 operating a snowmobile while intoxicated or under the influence of 28 drugs, within the preceding ten years, shall be guilty of a class E 29 felony and shall be punished by a fine of not less than five hundred 30 dollars nor more than five thousand dollars or by a period of imprison- 31 ment as provided in the penal law, or by both such fine and imprison- 32 ment. 33 (4) (i) A violation of subparagraph two of paragraph (b) of this 34 subdivision shall be a misdemeanor and shall be punishable by imprison- 35 ment in a penitentiary or county jail for not more than one hundred 36 eighty days, or by a fine of not less than seven hundred dollars nor 37 more than one thousand dollars, or by both such fine and imprisonment. 38 (ii) A person who operates a snowmobile in violation of subparagraph 39 two of paragraph (b) of this subdivision after having been convicted of 40 a violation of subparagraph one or two of paragraph (b), or paragraph 41 (c) or (d) of this subdivision, or of operating a snowmobile while 42 intoxicated or while under the influence of drugs, within the preceding 43 ten years, shall be guilty of a class E felony and shall be punished by 44 a fine of not less than one thousand dollars nor more than three thou- 45 sand dollars or by a period of imprisonment as provided in the penal 46 law, or by both such fine and imprisonment. 47 (iii) A person who operates a snowmobile in violation of subparagraph 48 two of paragraph (b) of this subdivision after having been twice 49 convicted of a violation of subparagraph one or two of paragraph (b), or 50 paragraph (c) or (d) of this subdivision, or of operating a snowmobile 51 while intoxicated or under the influence of drugs, within the preceding 52 ten years, shall be guilty of a class D felony and shall be punished by 53 a fine of not less than one thousand dollars nor more than ten thousand 54 dollars or by a period of imprisonment as provided in the penal law, or 55 by both such fine and imprisonment.
A. 474 3 1 § 2. Section 25.24 of the parks, recreation and historic preservation 2 law is amended by adding a new subdivision 4-a to read as follows: 3 4-a. Sentencing; previous convictions. When sentencing a person for a 4 violation of paragraph (b), (c) or (d) of subdivision one of this 5 section pursuant to subparagraph two or three, or clause (ii) or (iii) 6 of subparagraph four of paragraph (e) of subdivision one of this 7 section, the court shall consider any prior convictions the person may 8 have for a violation of subdivision two, two-a, three, four or four-a of 9 section eleven hundred ninety-two of the vehicle and traffic law or 10 subdivision two of section forty-nine-a of the navigation law within the 11 preceding ten years. When sentencing a person for a violation of subpar- 12 agraph two of paragraph (a) of subdivision one of this section, the 13 court shall consider any prior convictions the person may have for a 14 violation of any subdivision of section eleven hundred ninety-two of the 15 vehicle and traffic law or subdivision two of section forty-nine-a of 16 the navigation law within the preceding five years. 17 § 3. This act shall take effect on the ninetieth day after it shall 18 have become a law.