Senate Bill S4772A

2013-2014 Legislative Session

Relates to aggravated vehicular homicide

download bill text pdf

Sponsored By

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

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Bill Amendments

co-Sponsors

2013-S4772 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §125.14, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S404
2017-2018: S1133
2019-2020: S531

2013-S4772 - 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-S4772 - Sponsor Memo

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

2013-S4772A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §125.14, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S404
2017-2018: S1133
2019-2020: S531

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

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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