A proposed bill named after a local girl killed by a drunk boater is one step closer to becoming law.
The New York State Senate passed Tiffany's Law, which would require all prior convictions of operating a vehicle while intoxicated be considered during sentencing of a subsequent boating while intoxicated (BWI) conviction. That includes prior convictions related to car (DWI), snowmobile (SWI) or all-terrain drunk driving cases. The legislation is sponsored by Senator John DeFrancisco (R, Syracuse).
The bill is named after Tiffany Heitkamp, a young Syracuse-area woman who was killed in 2006 while riding in a boat being operated by a drunk driver. Heitkamp was thrown from the boat and killed when it crashed into an island.
The driver of the boat, Keir Weimer, of Manlius, pleaded guilty to vehicular manslaughter. Weimer had a record of alcohol-related automobile incidents, but because there is no link between DWIs, BWIs and SWIs, he could only be charged as if this was his first offense. "Tiffany Heitkamp lost her life because the operator of the boat in which she was a passenger was operating the vessel while intoxicated," said Senator DeFrancisco. "If an individual has a history of operating a vehicle or vessel while under the influence of alcohol, whether it be on our roadways, waterways or recreational trails, that should be taken into account when an individual is charged and sentenced."
DeFrancisco says there should be no distinction when it comes to operating a snowmobile, car or boat while drunk. The Senate has passed this bill for several years. DeFrancisco is hopeful the State Assembly will bring the bill to the floor and pass it this year. "Drinking and then operating a vehicle is reckless and irresponsible, and when someone makes the bad decision to do so they are taking the lives of innocent people into their hands," said Senate Majority Leader Dean Skelos. "If an individual repeatedly drinks and drives -- whether it's a boat, a car, a snowmobile, or any other kind of vehicle -- they should not be able to get off the hook lightly. Each and every prior charge should be considered in their sentencing, and this legislation will ensure that they are."
The bill now heads to the State Assembly.
