Relates to penalties for causing a death while committing aggravated unlicensed operation of a motor vehicle.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Dilan, Espaillat
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 (v). 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negligently cause the death of another person while operating a motor vehicle with a suspended, revoked, or otherwise withdrawn license.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.
LEGISLATIVE HISTORY: S.7857 of 2012: Referred to Senate Rules
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1888--A 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 -- recom- mitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 (iv) of paragraph (a) of subdivision 3 of section 511 of the vehicle and traffic law, as added by chapter 169 of the laws of 2013, is amended and a new subparagraph (v) is added to read as follows: (iv) operates a motor vehicle upon a public highway while holding a conditional license issued pursuant to paragraph (a) of subdivision seven of section eleven hundred ninety-six of this chapter while under the influence of alcohol or a drug in violation of subdivision one, two, two-a, three, four, four-a or five of section eleven hundred ninety-two of this chapter
[.]; OR (V) 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. LBD04574-02-4