STATE OF NEW YORK ________________________________________________________________________ 3256 2025-2026 Regular Sessions IN SENATE January 24, 2025 ___________ Introduced by Sen. COONEY -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation 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
S. 3256 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.
S. 3256 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.