Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 03, 2014 |
referred to codes delivered to assembly passed senate |
May 28, 2014 |
advanced to third reading |
May 21, 2014 |
2nd report cal. |
May 20, 2014 |
1st report cal.902 |
Jan 09, 2014 |
print number 4772a |
Jan 09, 2014 |
amend and recommit to codes |
Jan 08, 2014 |
referred to codes returned to senate died in assembly |
Jun 12, 2013 |
referred to codes delivered to assembly passed senate |
Jun 11, 2013 |
advanced to third reading |
Jun 10, 2013 |
2nd report cal. |
Jun 05, 2013 |
1st report cal.1160 |
Apr 23, 2013 |
referred to codes |
Senate Bill S4772A
2013-2014 Legislative Session
Sponsored By
(R, C) 60th Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R, C, IP) Senate District
2013-S4772 - Details
2013-S4772 - Sponsor Memo
BILL NUMBER:S4772 TITLE OF BILL: An act to amend the penal law, in relation to aggravated vehicular homicide PURPOSE: This bill elevates the crime of vehicular manslaughter to aggravated vehicular homicide when the person who commits vehicular manslaughter has already been convicted of driving under the influence 3 previous times. SUMMARY OF PROVISIONS: Section 1 amends section 125.14 of the penal law to include 3 previous convictions of driving while under the influence as a factor to increase the crime of vehicular manslaughter to aggravated vehicular homicide. Section 2 sets the effective date as the first of November next succeeding the date on which it shall have become law JUSTIFICATION: Jocelyn Elberson, 25, and Sheila Pelton, 81 were killed when a man lost control of his motorcycle while driving under the influence. The man operating the motorcycle had 4 DWI arrests in New York, a DWI in Florida, and another in Ohio. While one previous conviction is enough to raise the crime of vehicular manslaughter in the second degree to vehicular manslaughter in the first degree, there
2013-S4772 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4772 2013-2014 Regular Sessions I N S E N A T E April 23, 2013 ___________ Introduced by Sen. GALLIVAN -- 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 aggravated vehicular homi- cide THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 125.14 of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows: S 125.14 Aggravated vehicular homicide. A person is guilty of aggravated vehicular homicide when he or she EITHER: (1) engages in reckless driving as defined by section twelve hundred twelve of the vehicle and traffic law, and commits the crime of vehicu- lar manslaughter in the second degree as defined in section 125.12 of this article, and either: [(1)] (A) commits such crimes while operating a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of the vehicle and traffic law; [(2)] (B) commits such crimes while knowing or having reason to know that: [(a)] (I) his or her license or his or her privilege of operating a motor vehicle in another state or his or her privilege of obtaining a license to operate a motor vehicle in another state is suspended or revoked and such suspension or revocation is based upon a conviction in such other state for an offense which would, if committed in this state, constitute a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law; or [(b)] (II) his or her license or his or her privilege of operating a motor vehicle in this state or his or her privilege of obtaining a license issued by the commissioner of motor vehicles is suspended or revoked and such suspen- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10139-01-3
co-Sponsors
(R, C, IP) Senate District
2013-S4772A (ACTIVE) - Details
2013-S4772A (ACTIVE) - Summary
Relates to aggravated vehicular homicide where a person commits the crime of vehicular manslaughter in the second degree and has previously been convicted three times of violating any provisions of section 1192 of the vehicle and traffic law within the preceding ten years.
2013-S4772A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4772A TITLE OF BILL: An act to amend the penal law, in relation to aggravated vehicular homicide PURPOSE: This bill elevates the crime of vehicular manslaughter to aggravated vehicular homicide when the person who commits vehicular manslaughter has already been convicted of driving under the influence 3 previous times. SUMMARY OF PROVISIONS: Section 1 states that the act shall be known as "Jocelyn's Law." Section 2 amends section 125.14 of the penal law to include 3 previous convictions of driving while under the influence as a factor to increase the crime of vehicular manslaughter to aggravated vehicular homicide. Section 3 sets the effective date as the first of November next succeeding the date on which it shall have become law. JUSTIFICATION: Jocelyn Elberson, 25, and Sheila Felton, 81, were killed when a man lost control of his motorcycle while driving under the influence. The man operating the motorcycle had 4 DWI arrests in New York, a DWI in Florida, and another in Ohio. While one previous
2013-S4772A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4772--A 2013-2014 Regular Sessions I N S E N A T E April 23, 2013 ___________ Introduced by Sens. GALLIVAN, NOZZOLIO -- read twice and ordered print- ed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes 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 penal law, in relation to aggravated vehicular homi- cide 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 "Jocelyn's Law". S 2. Section 125.14 of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows: S 125.14 Aggravated vehicular homicide. A person is guilty of aggravated vehicular homicide when he or she EITHER: (1) engages in reckless driving as defined by section twelve hundred twelve of the vehicle and traffic law, and commits the crime of vehicu- lar manslaughter in the second degree as defined in section 125.12 of this article, and either: [(1)] (A) commits such crimes while operating a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of the vehicle and traffic law; [(2)] (B) commits such crimes while knowing or having reason to know that: [(a)] (I) his or her license or his or her privilege of operating a motor vehicle in another state or his or her privilege of obtaining a license to operate a motor vehicle in another state is suspended or revoked and such suspension or revocation is based upon a conviction in such other state for an offense which would, if committed in this state, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10139-02-3
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