Establishes the crime vehicular manslaughter in the third degree, a class E felony.
TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime vehicle manslaughter in the third degree, a class E felony
PURPOSE GENERAL IDEA OF BILL: To enact the "Stephen Fay Act" establishing that, at minimum, anyone driving unlicensed, or with a suspended license that causes a death of another in a motor vehicle accident shall be guilty of a class E felony,
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 states that this act shall be cited as the "Stephen Fay Act."
Section 2 amends the penal law by adding a new section 125.11-a which establishes the crime of vehicular manslaughter in the third degree, which shall be a class E felony. A person is guilty of vehicular manslaughter in the third degree when they cause the death of another while operating a motor vehicle while their license or privilege is suspended or revoked.
Section 3 sets the effective date
JUSTIFICATION: On June 5, 2012, just shy of his 20th Birthday, Stephen Fay was killed in an automobile accident with a person operating a motor vehicle with a suspended license.
This bill, titled in honor of Stephen, will establish a mandatory minimum Class E felony charge for individuals who's driving privileges have been suspended or revoked that are the cause of an accident resulting in the death of another driver, in an effort to prevent tragic occurrences like Stephen Fay's from happening in the future.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 4058 2013-2014 Regular Sessions IN SENATE March 6, 2013 ___________Introduced by Sen. MARTINS -- 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 establishing the crime vehicle manslaughter in the third degree, a class E felony 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 the "Stephen Fay act". S 2. The penal law is amended by adding a new section 125.11-a to read as follows: S 125.11-A VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE. A PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE WHEN HE OR SHE CAUSES THE DEATH OF ANOTHER PERSON WHILE OPERATING A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION ONE, TWO OR THREE OF SECTION FIVE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW. VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE IS A CLASS E FELONY. S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08827-02-3