Relates to penalties for causing a death while committing aggravated unlicensed operation of a motor vehicle.
Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Krueger, Libous, Sanders
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to aggravated unlicensed operation of a motor vehicle in the first degree
PURPOSE OR GENERAL IDEA OF BILL: To create felony level sanctions when an unlicensed individual negligently causes the death of another person while operating a motor vehicle.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Provides that this act shall be known and may be cited as "Teresita's Law."
Section 2: Amends paragraph (a) of subdivision 3 of section 511 of the Vehicle and Traffic Law by adding a new subparagraph (iv). The new subparagraph makes it a class E felony to negligently cause the death of another person while operating a motor vehicle with a suspended, revoked, or otherwise withdrawn license.
Section 3: Effective date.
JUSTIFICATION: Teresita "Grace" Solano was killed on February 24, 2012 in Middletown, NY by an individual who was operating a car with a suspended license. It appears the defendant, who, while driving with a suspended license, caused the death of Ms. Solano, can only be convicted of a misdemeanor and sentenced to a maximum of thirty days in jail. This legislation recognizes that unlicensed operation of a motor vehicle, which ends negligently in the death of an individual, should be treated as a more serious crime. It grants prosecutors broader discretion to seek a State prison term for the aggravated unlicensed operation which results in someone's death.
S.7857 of 2012: Referred to Senate Rules
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1888 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to aggravated unlicensed operation of a motor vehicle in the first degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as "Teresita's law". S 2. Subparagraph (iii) of paragraph (a) of subdivision 3 of section 511 of the vehicle and traffic law, as amended by chapter 746 of the laws of 2006, is amended and a new subparagraph (iv) is added to read as follows: (iii) commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and is operating a motor vehicle while under permanent revoca- tion as set forth in subparagraph twelve of paragraph (b) of subdivision two of section eleven hundred ninety-three of this chapter
[.]; OR (IV) COMMITS THE OFFENSE OF AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION ONE OF THIS SECTION; AND WHILE OPERATING SUCH VEHICLE NEGLIGENTLY CAUSES THE DEATH OF ANOTHER PERSON. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04574-01-3