Provides that a person is guilty of vehicular homicide when such person causes the death of another person by operation of a motor vehicle when such death was caused committing a major traffic violation and such person was previously convicted of two or more major traffic violations or such person's license was revoked.
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to determining when a person is guilty of vehicular homicide
PURPOSE OR GENERAL IDEA OF BILL: To further criminalize dangerous driving which violates the vehicle and traffic law and results in the death of another.
SUMMARY OF SPECIFIC PROVISIONS: A new section 1212-a is added to the vehicle and traffic law that would make it a class E felony for a driver to commit a "major traffic violation" that causes the death of another person: (1) while having a driving record that includes committing at least two major traffic violations within the eighteen month period leading up to the violation which killed the person; or (2) while driving with a license revoked as a result of having been previously convicted of a homicide or assault arising out of the operation of a motor vehicle or motorcycle or criminal negligence in operation of such a vehicle which resulted in death.
The term "major traffic violation" is defined as leaving the scene of a personal injury accident, failing to obey a traffic signal, failing to obey a signal indicating the approach of a train, failing to stop at a stop sign, overtaking and passing a school bus, speeding in excess of twenty miles per hour over the limit, engaging in a speed contest, reckless driving and driving while intoxicated or ability impaired by drugs.
JUSTIFICATION: Currently, the criminal law requires that in order for a driver to be convicted of criminally negligent homicide (a class E felony), the driver's conduct must satisfy the standard of criminal negligence. As a result, there are individuals who have a record of repeated, extremely dangerous driving that renders them hazardous to the public, but when they kill others they cannot be prosecuted. This new crime is a means of attending to the chronically dangerous driver who might otherwise not be subject to a felony prosecution under current law even through the driver kills another as a result of violating the vehicle and traffic law, because the conduct that results in death was not the result of criminal negligence.
PRIOR LEGISLATIVE HISTORY: 2011-12: S.6934/A.483 Referred to Transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: The ninetieth day after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 380 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. KENNEDY -- 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 determining when a person is guilty of vehicular homicide THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The vehicle and traffic law is amended by adding a new section 1212-a to read as follows: S 1212-A. VEHICULAR HOMICIDE. A PERSON IS GUILTY OF VEHICULAR HOMICIDE WHEN HE OR SHE CAUSES THE DEATH OF ANOTHER PERSON BY OPERATION OF A MOTOR VEHICLE WHEN SUCH DEATH WAS CAUSED BY SUCH PERSON COMMITTING A MAJOR TRAFFIC VIOLATION; AND (A) SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF TWO OR MORE MAJOR TRAFFIC VIOLATIONS ON AT LEAST TWO SEPARATE OCCASIONS WITHIN THE IMME- DIATELY PRECEDING EIGHTEEN MONTHS; OR (B) AT THE TIME SUCH PERSON IS OPERATING SUCH MOTOR VEHICLE, HIS OR HER LICENSE IS REVOKED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION TWO OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER AND SUCH PERSON KNOWS OR HAS REASON TO KNOW THAT HIS OR HER LICENSE HAS BEEN SO REVOKED. FOR PURPOSES OF THIS SECTION, THE TERM "MAJOR TRAFFIC VIOLATION" SHALL MEAN THE OPERATION OF A MOTOR VEHICLE IN VIOLATION OF ANY ONE OF THE FOLLOWING PROVISIONS OF THIS CHAPTER: SUBDIVISION TWO OF SECTION SIX HUNDRED, SECTION ELEVEN HUNDRED ELEVEN, SECTION ELEVEN HUNDRED SEVENTY, SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED SEVENTY-FOUR, SUBDIVISIONS (A), (B), (C), (D) AND (F) OF SECTION ELEVEN HUNDRED EIGHTY PROVIDED THAT THE VIOLATION INVOLVED TWENTY OR MORE MILES PER HOUR OVER THE ESTABLISHED LIMIT, SECTION ELEVEN HUNDRED EIGHTY-TWO, AND SECTION TWELVE HUNDRED TWELVE. THE TERM "MAJOR TRAFFIC VIOLATION" SHALL ALSO INCLUDE A VIOLATION OF SUBDIVISION TWO, THREE OREXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02432-01-3 S. 380 2
FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, AS WELL AS ANY VIOLATION OF THE PENAL LAW THAT INCLUDES AS ONE OF ITS ELEMENTS PROOF THAT SUCH PERSON VIOLATED ANY ONE OF SUCH SUBDIVISIONS. VEHICULAR HOMICIDE IS A CLASS E FELONY. S 2. This act shall take effect on the ninetieth day after it shall have become a law.