NY Senate Open Legislation

Same as: S6125 Versions: A9111

A9111 Actions

A9111 - enacting clause stricken - Dec 14, 2009
A9111 - referred to transportation - Aug 17, 2009

A9111 Memo

BILL NUMBER:A9111

TITLE OF BILL: An act to amend the vehicle and traffic law and the penal law, in relation to the operation of a motor vehicle while driving while impaired in certain circumstances and increasing the penalties therefor



PURPOSE: To amend the vehicle and traffic law and the penal law, in relation to the operation of a motor vehicle while driving while impaired with, causing serious injury to, or causing the death of a person under the age of sixteen years and increasing the penalties therefor



SUMMARY OF PROVISIONS:

Section 1: Amends section 1193 of the vehicle and traffic law providing for a person who operates a vehicle while under the influence with a passenger under the age of sixteen would be guilty of a class E felony punishable by a fine of up to five thousand dollars and or a period of imprisonment of up to four years.



Section 2: Amends section 125.14 of the penal law by adding new subsection 7 to provide that a person who causes the death of a person under the age of sixteen be charged with the crime of aggravated vehicu lar homicide and increases the penalty from a class B felony to a class B violent felony.



Section 3: Amends section 120.04-a of the penal law by adding new subsection 6 to provide that a person who causes serious physical injury to a person under the age of sixteen be charged with the crime of aggra vated vehicular assault and increases the penalty from a class C felony to a class C violent felony.



Section 4: Effective date

JUSTIFICATION: According to the National Highway Traffic Safety Admin istration's National Center for Statistics and Analysis in 2004 a total of 442 (21 %) of all fatalities among children 14 and younger occurred in crashes involving alcohol. Of those 442, approximately half of those killed were passengers in vehicles with drivers who had been drinking with blood alcohol concentration (BAC) levels of .01 grams per deciliter of higher. On average 500 children are killed annually in alcohol-relat ed traffic crashes where the adult driver was responsible for their safety. Between 1985 and 1996 more than 5,500 children passengers died as a result of alcohol related traffic crashes. In 64 percent of those deaths, the child was riding as a passenger with-he drunk driver, and almost two-thirds of those fatalities involved a parent-aged driver. From 1994

2000 there where 12,409 alcohol-related deaths involving children under the age of 14. Drunken Driving is a pervasive blight on our society which may have far reaching negative effects on those lives it touches. Death, pariliza tion, amputation, head trauma and disfigurement are common when a car driven by a drunk driver is involved in an accident. As a society we have already determined this to be a significant crime. When an adult who is responsible for the care of a child violates their obligation to protect that child and drives while intoxicated they are committing a crime that should be held as particularly despicable by society. For this reason, it is imperative that we pass strict laws proclaiming that this state will have no tolerance for such behavior and will punish those offenders appropriately both for what they have done and to discourage others.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: Increase in revenue for the state.

EFFECTIVE DATE: The First of November next succeeding the date it shall have become law.

A9111 Text

S T A T E O F N E W Y O R K
9111
2009-2010 Regular Sessions I N ASSEMBLY August 17, 2009
Introduced by M. of A. WEISENBERG -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law and the penal law, in relation to the operation of a motor vehicle while driving while impaired in certain circumstances and increasing the penalties there for


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


Section 1. Subparagraph (i) of paragraph (c) of subdivision 1 of section 1193 of the vehicle and traffic law, as amended by chapter 345 of the laws of 2007, is amended to read as follows:
(i) A person who operates a vehicle in violation of subdivision two, two-a, three, four or four-a of section eleven hundred ninety-two of this article [after having] AND EITHER (A) HAS ANY PASSENGER IN THE VEHICLE UNDER THE AGE OF SIXTEEN; OR (B) HAS been convicted of a violation of subdivision two, two-a, three, four or four-a of such section or of vehicular assault in the second or first degree, as defined, respectively, in sections 120.03 and 120.04 and aggravated vehicular assault as defined in section 120.04-a of the penal law or of vehicular manslaughter in the second or first degree, as defined, respectively, in sections 125.12 and 125.13 and aggravated vehicular homicide as defined in section 125.14 of such law, within the preceding ten years, shall be guilty of a class E felony, and shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars or by a period of imprisonment as provided in the penal law, or by both such fine and imprisonment.

S 2.

Section 125.14 of the penal law, as added by chapter 345 of the laws of 2007, is amended to read as follows:


S 125.14 Aggravated vehicular homicide. A person is guilty of aggravated vehicular homicide when he or she engages in reckless driving as defined by section twelve hundred twelve EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14624-03-9
A. 9111 2 of the vehicle and traffic law, and commits the crime of vehicular manslaughter in the second degree as defined in section 125.12 of this article, and either:
(1) commits such crimes while operating a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section elev en hundred ninety-four of the vehicle and traffic law; (2) commits such crimes while knowing or having reason to know that:
(a) his or her license or his or her privilege of operating a motor vehicle in another state or his or her privilege of obtaining a license to operate a motor vehicle in another state is suspended or revoked and such suspension or revocation is based upon a conviction in such other state for an offense which would, if committed in this state, constitute a violation of any of the provisions of section eleven hundred ninety two of the vehicle and traffic law; or (b) his or her license or his or her privilege of operating a motor vehicle in this state or his or her privilege of obtaining a license issued by the commissioner of motor vehicles is suspended or revoked and such suspension or revocation is based upon either a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of the vehicle and traffic law or following a conviction for a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law; (3) has previously been convicted of violating any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law within the preceding ten years, provided that, for the purposes of this subdivision, a conviction in any other state or jurisdiction for an offense which, if committed in this state, would constitute a violation of section eleven hundred ninety-two of the vehicle and traffic law, shall be treated as a violation of such law; (4) causes the death of more than one other person; (5) causes the death of one person and the serious physical injury of at least one other person; [or] (6) has previously been convicted of violating any provision of this article or article one hundred twenty of this title involving the opera tion of a motor vehicle, or was convicted in any other state or juris diction of an offense involving the operation of a motor vehicle which, if committed in this state, would constitute a violation of this article or article one hundred twenty of this title; OR (7) CAUSES THE DEATH OF A PERSON UNDER THE AGE OF SIXTEEN. If it is established that the person operating such motor vehicle caused such death or deaths while unlawfully intoxicated or impaired by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, such person operated the motor vehicle in a manner that caused such death or deaths, as required by this section and section 125.12 of this article. Aggravated vehicular homicide is a class B VIOLENT felony.

S 3.

Section 120.04-a of the penal law, as added by chapter 345 of the laws of 2007, is amended to read as follows:


S 120.04-a Aggravated vehicular assault. A person is guilty of aggravated vehicular assault when he or she engages in reckless driving as defined by section twelve hundred twelve of the vehicle and traffic law, and commits the crime of vehicular A. 9111 3 assault in the second degree as defined in section 120.03 of this arti cle, and either:
(1) commits such crimes while operating a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section elev en hundred ninety-four of the vehicle and traffic law; (2) commits such crimes while knowing or having reason to know that:
(a) his or her license or his or her privilege of operating a motor vehicle in another state or his or her privilege of obtaining a license to operate a motor vehicle in another state is suspended or revoked and such suspension or revocation is based upon a conviction in such other state for an offense which would, if committed in this state, constitute a violation of any of the provisions of section eleven hundred ninety two of the vehicle and traffic law; or (b) his or her license or his or her privilege of operating a motor vehicle in this state or his or her privilege of obtaining a license issued by the commissioner of motor vehicles is suspended or revoked and such suspension or revocation is based upon either a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of the vehicle and traffic law or following a conviction for a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law; (3) has previously been convicted of violating any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law within the preceding ten years, provided that, for the purposes of this subdivision, a conviction in any other state or jurisdiction for an offense which, if committed in this state, would constitute a violation of section eleven hundred ninety-two of the vehicle and traffic law, shall be treated as a violation of such law; (4) causes serious physical injury to more than one other person; [or] (5) has previously been convicted of violating any provision of this article or article one hundred twenty-five of this title involving the operation of a motor vehicle, or was convicted in any other state or jurisdiction of an offense involving the operation of a motor vehicle which, if committed in this state, would constitute a violation of this article or article one hundred twenty-five of this title; OR (6) CAUSES SERIOUS PHYSICAL INJURY TO A PERSON UNDER THE AGE OF SIXTEEN. If it is established that the person operating such motor vehicle caused such serious physical injury or injuries while unlawfully intoxi cated or impaired by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, such person operated the motor vehicle in a manner that caused such serious physical injury or injuries, as required by this section and section 120.03 of this arti cle. Aggravated vehicular assault is a class C VIOLENT felony.

S 4. This act shall take effect on the first of November next succeed ing the date on which it shall have become a law.

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