S1256-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jan 6, 2011: REFERRED TO CODES

S1256-2011 Memo

BILL NUMBER:S1256

TITLE OF BILL:
An act
to amend the penal law, in relation to the crime of vehicular
manslaughter, and to repeal certain provisions of the penal law
relating thereto

PURPOSE OR GENERAL IDEA OF BILL:
Equating vehicular manslaughter to the maximum allowable fine based on
the premise of putting others in harm way when knowingly one
intoxicates themselves through drugs and alcohol.

SUMMARY OF PROVISIONS:
This legislation would amend section 125.12 of the penal law,
classifying vehicular manslaughter in the second degree as an A-I
felony from a class D, and repeal section 125.13 of the penal law.

JUSTIFICATION:
Vehicle manslaughter is the killing of another human without intent or
malice through means of a motor vehicle. When a person deliberately
intoxicates themselves through drugs or alcohol and operates a motor
vehicle, that person has committed a premeditated act. The motor
vehicle itself becomes as deadly as a gun.

The true tragedy of vehicular murder is that innocent people are
murdered. Vehicular tragedies often cause multiple deaths, and the
National Highway Traffic Safety Administration (NHTSA) has a
voluminous amount of statistics regarding "death by auto". A 2008
New York State analytical report showed 27% of fatal crashes caused
by alcohol-impaired drivers. A 2007 National Roadside Survey (NRS),
the first of its kind to estimate a national representation of the
prevalence of potentially impairing drug use by drivers, determined
16% of nighttime drivers were found to be drug positive.
Most commonly detected drugs were marijuana, cocaine and
methamphetamine. A little over 2% of drivers on weekend nights were
found to have an illegal blood alcohol content (.08 or more). When
comparing fatalities between drugs and alcohol, drug-impaired driving
happens far more.

For innocent lives are taken away by the inappropriate and reckless
actions of intoxicated and/or drug-impaired drivers, and the concept
that these actions can be prevented by mind over matter, we strongly
believe amending the penal law to equate vehicular manslaughter to
the highest felony is in the best interests of all motorists and
pedestrians within New York State.

LEGISLATIVE HISTORY:
2009-2010: S.4694 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Act shall take effect on the ninetieth day after it shall have become
a law.

S1256-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1256
 2011-2012 Regular Sessions
 I N  SENATE
 January 6, 2011
 
 Introduced  by Sens. ADDABBO, HUNTLEY -- read twice and ordered printed,
 and when printed to be committed to the Committee on Codes
 

AN ACT to amend the penal law, in relation to  the  crime  of  vehicular
 manslaughter, and to repeal certain provisions of the penal law relat
 ing thereto
 

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

 

Section 1. The section heading, opening paragraph  and  closing  para
 graph  of  section 125.12 of the penal law, as amended by chapter 732 of
 the laws of 2006, are amended to read as follows:

 Vehicular manslaughter [in the second degree].
 A person is guilty of vehicular manslaughter [in  the  second  degree]
 when he or she causes the death of another person, and either:

 Vehicular manslaughter [in the second degree] is a class [D] A-I felo
 ny.
 

S 2.

Section 125.13 of the penal law is REPEALED.
 

S  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01388-01-1

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