A4625-2011 Actions

• Jan 4, 2012: referred to codes
• May 24, 2011: held for consideration in codes
• Feb 4, 2011: referred to codes

A4625-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4625
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 4, 2011
 
 Introduced by M. of A. RAIA, BURLING, GIGLIO, KOLB -- Multi-Sponsored by
 -- M. of A. BARCLAY, BUTLER, CALHOUN, CONTE, FINCH, FITZPATRICK, McDO
 NOUGH,  McKEVITT, J. MILLER, SAYWARD, THIELE -- read once and referred
 to the Committee on Codes
 

AN ACT to amend the penal law, in relation  to  creating  the  crime  of
 vehicular manslaughter in the third degree
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The penal law is amended by adding a new  section  125.11-a
 to read as follows:

 

S 125.11-A VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE.
 (1)  A  PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE
 WHEN HE OR SHE OPERATES A MOTOR VEHICLE NEGLIGENTLY SO THAT THE LIVES OR
 SAFETY OF THE PUBLIC MIGHT BE ENDANGERED AND BY ANY SUCH OPERATION CAUS
 ES THE DEATH OF ANOTHER PERSON.
 (2) IN ANY PROSECUTION UNDER THIS SECTION, IT SHALL  BE  A  REBUTTABLE
 PRESUMPTION  THAT  SUCH DEATH WAS CAUSED IN WHOLE OR IN SUBSTANTIAL PART
 BY THE ACTOR'S INTOXICATION OR IMPAIRMENT  BY  THE  USE  OF  A  DRUG  IN
 VIOLATION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAF
 FIC LAW.
 VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE IS A CLASS E FELONY.
 

S 2. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06611-01-1

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