Assembly Bill A9160

2013-2014 Legislative Session

Expands the definitions of vehicular assault in the first degree, vehicular assault in the second degree and reckless driving to include offenses involving use of a portable electronic device while driving

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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-A9160 (ACTIVE) - Details

See Senate Version of this Bill:
S5948
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.03 & 120.04, Pen L; amd §1212, V & T L
Versions Introduced in Other Legislative Sessions:
2015-2016: A4834
2017-2018: A2264
2019-2020: A3087

2013-A9160 (ACTIVE) - Summary

Expands the definitions of vehicular assault in the first degree, vehicular assault in the second degree and reckless driving to include offenses involving use of a portable electronic device while driving.

2013-A9160 (ACTIVE) - Bill Text download pdf

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

                                  9160

                          I N  A S S E M B L Y

                             March 24, 2014
                               ___________

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

AN ACT to amend the penal law, in relation to expanding the  definitions
  of  vehicular assault in the first degree and vehicular assault in the
  second degree to include offenses involving use of  a  portable  elec-
  tronic device while driving; and to amend the vehicle and traffic law,
  in relation to expanding the definition of reckless driving to include
  offenses involving use of a portable electronic device while driving

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

  Section 1. Section 120.03 of the penal law, as amended by chapter  732
of the laws of 2006, is amended to read as follows:
S 120.03 Vehicular assault in the second degree.
  A  person  is guilty of vehicular assault in the second degree when he
or she causes serious physical injury to another person, and [either]:
  (1) operates a motor vehicle in violation of subdivision  two,  three,
four  or  four-a of section eleven hundred ninety-two of the vehicle and
traffic law or operates a vessel or public vessel in violation of  para-
graph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of
the  navigation  law, and as a result of such intoxication or impairment
by the use of a drug, or by the combined influence of drugs or of  alco-
hol and any drug or drugs, operates such motor vehicle, vessel or public
vessel  in  a  manner  that  causes such serious physical injury to such
other person[,]; or
  (2) operates a motor vehicle with a gross  vehicle  weight  rating  of
more  than eighteen thousand pounds which contains flammable gas, radio-
active materials or  explosives  in  violation  of  subdivision  one  of
section  eleven  hundred  ninety-two of the vehicle and traffic law, and
such flammable gas, radioactive materials or explosives is the cause  of
such  serious physical injury, and as a result of such impairment by the
use of alcohol, operates such motor vehicle in a manner that causes such
serious physical injury to such other person[,]; or
  (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision one of section 25.24 of the parks, recreation  and  historic

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

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