Bill S1450-2013

Penalizes crimes of vehicular assault and vehicular manslaughter as felonies when committed while driving with a suspended or revoked license

Penalizes crimes of vehicular assault and vehicular manslaughter as felonies when such crimes are committed while driving with a suspended or revoked license.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 4, 2013: referred to codes
  • Jun 4, 2013: DELIVERED TO ASSEMBLY
  • Jun 4, 2013: PASSED SENATE
  • Jun 3, 2013: ADVANCED TO THIRD READING
  • May 30, 2013: 2ND REPORT CAL.
  • May 29, 2013: 1ST REPORT CAL.774
  • Jan 9, 2013: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - May 29, 2013
Ayes (14): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Squadron, Espaillat, Hoylman, O'Brien, Krueger
Nays (1): Perkins

Memo

BILL NUMBER:S1450

TITLE OF BILL: An act to amend the penal law, in relation to penalties for causing serious injury or death while knowingly operating a motor vehicle with a revoked or suspended license

PURPOSE: To create two new felony crimes addressing those who cause such serious physical injury or death by operation of a motor vehicle while knowing or having reason to know that his or her license or privilege of operating a motor vehicle is suspended or revoked.

SUMMARY OF PROVISIONS: Section 1 provides for the amending of Section 120.03 of the Penal Law, to include the new crime of causing serious physical injury by operation of a motor vehicle while knowing or having reason to know that one's license or privilege of operating a motor vehicle is suspended or revoked pursuant to provisions of five hundred ten of the vehicle and Traffic Law, as vehicular assault in the second degree, which is a class E felony.

Section 2 also provides for the amending of Section 125.12 of the Penal Law, to include the new crime of causing the death of such other person by operation of a motor vehicle while knowing or having reason to know that his or her license or privilege of operating a motor vehicle is suspended or revoked pursuant to provisions of section five hundred ten of the Vehicle and Traffic Law, as vehicular manslaughter in the second degree, which is a class D felony.

JUSTIFICATION: Under current law any person who commits vehicular assault, or vehicular manslaughter, while operating a motor vehicle while knowing or having reason to know that his or her license or privilege of operating a motor vehicle is suspended or revoked, pursuant to provisions of section five hundred ten of the vehicle and traffic law, may not face serious criminal penalties.

The injuries and tragedies associated with serious vehicular accidents may be ultimately preventable. An individual who operates a motor vehicle while knowing or having reason to know that his or her license or privilege of operating a motor vehicle is suspended or revoked is making a conscious decision to disregard their suspension or revocation, and by doing so, are potentially putting lives in danger.

Individuals with suspended or revoked licenses should not be operating motor vehicles. This bill will be a deterrent. Law enforcement must be given the ability to prosecute such individuals to make our roadways safer.

LEGISLATIVE HISTORY: 01/25/05 Referred to Codes 01/04/06 Referred to Codes 01/17/07 Referred to Codes 02/09/08 Referred to Codes 2009/10: Referred to Codes 2011/12: Passed Senate/Assembly Codes Committee

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1450 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. FLANAGAN, MAZIARZ -- 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 penalties for causing serious injury or death while knowingly operating a motor vehicle with a revoked or suspended license 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 preservation law or operates an all terrain vehicle as defined in para- graph (a) of subdivision one of section twenty-two hundred eighty-one of the vehicle and traffic law and in violation of subdivision two, three, four, or four-a of section eleven hundred ninety-two of the vehicle and traffic 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 alcohol and any drug or drugs, operates such snowmobile or all terrain vehicle in a manner that causes such serious physical injury to such other person[.], OR (4) CAUSES SUCH SERIOUS PHYSICAL INJURY BY OPERATION OF A MOTOR VEHI- CLE WHILE KNOWING OR HAVING REASON TO KNOW THAT HIS OR HER LICENSE OR PRIVILEGE OF OPERATING A MOTOR VEHICLE IS SUSPENDED OR REVOKED PURSUANT TO PROVISIONS OF SUBDIVISIONS TWO AND TWO-A OF SECTION FIVE HUNDRED TEN AND SUBDIVISIONS ONE AND THREE OF SECTION FIVE HUNDRED TEN-A OF THE VEHICLE AND TRAFFIC LAW. If it is established that the person operating such motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle caused such serious physical injury while unlawfully intoxicated or impaired by the use of alcohol or a drug, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of alco- hol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, such person operated the motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle in a manner that caused such serious physical injury, as required by this section. Vehicular assault in the second degree is a class E felony. S 2. Section 125.12 of the penal law, as amended by chapter 732 of the laws of 2006, is amended to read as follows: S 125.12 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: (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 the death of 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 death, and as a result of such impairment by the use of alcohol, operates such motor vehicle in a manner that causes the death of 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 preservation law or operates an all terrain vehicle as defined in para- graph (a) of subdivision one of section twenty-two hundred eighty-one of the vehicle and traffic law in violation of subdivision two, three, four, or four-a of section eleven hundred ninety-two of the vehicle and traffic 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 alcohol and
any drug or drugs, operates such snowmobile or all terrain vehicle in a manner that causes the death of such other person[.], OR (4) CAUSES THE DEATH OF SUCH OTHER PERSON BY OPERATION OF A MOTOR VEHICLE WHILE KNOWING OR HAVING REASON TO KNOW THAT HIS OR HER LICENSE OR PRIVILEGE OF OPERATING A MOTOR VEHICLE IS SUSPENDED OR REVOKED PURSU- ANT TO PROVISIONS OF SUBDIVISIONS TWO AND TWO-A OF SECTION FIVE HUNDRED TEN AND SUBDIVISIONS ONE AND THREE OF SECTION FIVE HUNDRED TEN-A OF THE VEHICLE AND TRAFFIC LAW. If it is established that the person operating such motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle caused such death while unlawfully intoxicated or impaired by the use of alcohol or a drug, 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, vessel, public vessel, snowmo- bile or all terrain vehicle in a manner that caused such death, as required by this section. Vehicular manslaughter in the second degree is a class D felony. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus