Assembly Bill A6386

2013-2014 Legislative Session

Provides that a person who leaves the scene of a motor vehicle accident that caused the death of a person or persons shall be presumed to have had a blood alcohol content of .18

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A6386 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§125.14 & 120.04-a, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2645
2017-2018: A4917
2019-2020: A3986

2013-A6386 (ACTIVE) - Summary

Provides that a person who leaves the scene of a motor vehicle accident that caused the death of a person or persons shall be presumed to have had a blood alcohol content of .18 at the time of the accident.

2013-A6386 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6386

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the penal law, in relation to leaving the scene of a
  motor vehicle accident that caused the death of a person or persons

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

  Section  1. The second undesignated paragraph of section 125.14 of the
penal law, as amended by chapter 496 of the laws of 2009, is amended  to
read as follows:
  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. IF THE PERSON OPERATING  SUCH  MOTOR
VEHICLE  LEAVES  THE  SCENE  OF  THE ACCIDENT THAT RESULTED IN THE DEATH
DESCRIBED IN THIS ARTICLE IN THE MANNER DEFINED IN  SUBDIVISION  TWO  OF
SECTION  SIX  HUNDRED  OF THE VEHICLE AND TRAFFIC LAW, THEN HE OR SHE IS
PRESUMED TO HAVE BEEN OPERATING THE 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 ELEVEN
HUNDRED NINETY-FOUR OF THE VEHICLE AND TRAFFIC LAW, AT THE TIME OF  SUCH
ACCIDENT.
  S  2.  The  second  undesignated  paragraph of section 120.04-a of the
penal law, as amended by chapter 496 of the laws of 2009, is amended  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09596-01-3

              

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