S1915-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S1915-2013 Memo

BILL NUMBER:S1915

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 oper-
ates 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  27-9s of fatal crashes caused by alcohol-im-
paired drivers. A 2007 National Roadside Survey (NRS), the first of  its
kind  to  estimate a national representation of the prevalence of poten-
tially impairing drug use by drivers, determined 16 of nighttime drivers
were found to be drug positive. Most commonly detected drugs were  mari-
juana,  cocaine  and  methamphetamine.  A  little over 25e 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-im-
paired 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  2011-2012:
S.1256 - Referred to Codes

FISCAL IMPLICATIONS: None.

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

S1915-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1915
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen. ADDABBO -- 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.
 LBD04963-01-3

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