This bill has been amended

Bill S4772-2013

Relates to aggravated vehicular homicide

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 12, 2013: referred to codes
  • Jun 12, 2013: DELIVERED TO ASSEMBLY
  • Jun 12, 2013: PASSED SENATE
  • Jun 11, 2013: ADVANCED TO THIRD READING
  • Jun 10, 2013: 2ND REPORT CAL.
  • Jun 5, 2013: 1ST REPORT CAL.1160
  • Apr 23, 2013: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - Jun 5, 2013
Ayes (15): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Squadron, Perkins, Espaillat, Hoylman, O'Brien, Krueger

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 is no additional sentencing enhancement for those individuals who serially operate motor vehicles while under the influence. This bill creates increased penalties for those individuals who serially operate motor vehicles under the influence when such action causes the death of others.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: First of November next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4772 2013-2014 Regular Sessions IN SENATE 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-
sion or revocation is based upon either a refusal to submit to a chemi- cal test pursuant to section eleven hundred ninety-four of the vehicle and traffic law or following a conviction for a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traf- fic law; [(3)] (C) has previously been convicted of violating any of the provisions of section eleven hundred ninety-two of the vehicle and traf- fic law within the preceding ten years, provided that, for the purposes of this subdivision, a conviction in any other state or jurisdiction for an offense which, if committed in this state, would constitute a violation of section eleven hundred ninety-two of the vehicle and traf- fic law, shall be treated as a violation of such law; [(4)] (D) causes the death of more than one other person; [(5)] (E) causes the death of one person and the serious physical injury of at least one other person; [(6)] (F) has previously been convicted of violating any provision of this article or article one hundred twenty of this title involving the operation of a motor vehicle, or was convicted in any other state or jurisdiction of an offense involving the operation of a motor vehicle which, if committed in this state, would constitute a violation of this article or article one hundred twenty of this title; or [(7)] (G) commits such crime while operating a motor vehicle while a child who is fifteen years of age or less is a passenger in such motor vehicle and causes the death of such child[.]; OR (2) COMMITS THE CRIME OF VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.12 OF THIS ARTICLE, AND HAS PREVIOUSLY BEEN CONVICTED THREE TIMES OF VIOLATING ANY PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW WITHIN THE PRECEDING TEN YEARS, PROVIDED THAT, FOR THE PURPOSES OF THIS SUBDIVISION, A CONVICTION IN ANY OTHER STATE OR JURISDICTION FOR AN OFFENSE WHICH, IF COMMITTED IN THIS STATE, WOULD CONSTITUTE A VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, SHALL BE TREATED AS A VIOLATION OF SUCH LAW. If it is established that the person operating such motor vehicle caused such death or deaths while unlawfully intoxicated or impaired by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, such person operated the motor vehicle in a manner that caused such death or deaths, as required by this section and section 125.12 of this article. Aggravated vehicular homicide is a class B felony. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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