New York State Senator
John A. DeFrancisco
  50th Senate District
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Strengthening Our Boating Laws and Keeping Our Waterways Safe

Last summer, three individuals were killed in two tragic accidents on Central New York lakes. In both incidents, neither the operators of the boats nor the passengers in the boats attempted to help the injured boaters. They also failed to report the accidents to law enforcement officials.

It is unacceptable to leave the scene of a crash without seeking assistance. The sooner an accident is reported, the sooner emergency responders will be able to arrive to the scene and assist those who were injured in the crash.

Neglecting to report a boating accident is a serious offense, which can have deadly consequences. Leaving the scene of an accident could mean leaving an innocent person to die. That is why I am sponsoring legislation (S6657) to increase the penalties for leaving the scene of a boating accident to be consistent with the penalties that are currently in place for leaving the scene of a motor vehicle accident.

Following the accidents last summer, the operators of both of the vessels were prosecuted. However, none of the passengers were prosecuted because under current law passengers cannot be held responsible. Passengers do not have any legal obligation to report a crash, even though it is the right thing to do. I am sponsoring a new bill to change that. My bill (S8342) would require passengers of vessels and motor vehicles to report accidents to the authorities.

The purpose of these bills is to protect our boaters and encourage individuals to report a crash and remain at the scene of an accident to assist those who are inured. Anyone who does not follow through with these obligations should face penalties.

I am also continuing the fight for several other safe boating bills, including one to enact Tiffany Heitkamp’s Law. Tiffany Heitkamp lost her life in July of 2006, because the operator of the boat in which she was a passenger was intoxicated. This individual had a history of alcohol related convictions, however, because there is no link between previous Driving While Intoxicated, Boating While Intoxicated and Snowmobiling While Intoxicated convictions he could only be charged as a first time offender. Tiffany Heitkamp’s Law would ensure that all alcohol related infractions are considered when an individual is charged and sentenced.

We need stronger boating laws to help protect our boaters and avoid future accidents. I will continue to fight for my safe boating bills, because too many families have been affected by these types of accidents.

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