Bill S5603-2013

Relates to vehicular manslaughter in the second degree

Relates to vehicular manslaughter in the second degree.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • May 24, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S5603

TITLE OF BILL: An act to amend the penal law, in relation to vehicular manslaughter in the second degree

PURPOSE: This bill would increase the penalty of vehicular manslaughter and in addition to fines and one to two hundred hour community service, it would also require the individual to take a driving safety course.

SUMMARY PROVISIONS

Section 1. Subdivision 3 of section 125.12 of the penal law, as amended by chapter 732 of the laws of 2006, is amended and a new subdivision 4 is added to read as follows: Any person that operates a snowmobile in violation of paragraph (b),

(c) or (d) of subdivision one of section 26.24 of the parks, recreation and historic preservation law or operates an all terrain vehicles as defined in paragraph (a) of subdivision one of section twenty-two hundred eighty-one of the vehicle and traffic law in violation of subdivision two, three, four, or four-a of section eleven hundred ninety-two of the vehicle and traffic law, and as a result of such intoxication or impairment by he use of a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, operates such snowmobile or all terrain vehicle in a manner that causes the death of such other person, or

(4) operates A motor vehicle in violation of section twelve hundred twelve of the vehicle and traffic law, and as a, result of such reckless driving causes the death of such other person. In addition to the penalty-and/or fine established in this section for such violation any person guilty of violating this subdivision shall also complete a traffic safety course and complete one to two hundred hours of community service.

JUSTIFICATION: Amending the 2nd degree vehicular manslaughter law to include vehicular. deaths caused by careless or reckless driving, regardless of intent, and that a driver convicted of causing death or serious physical injury must complete a traffic safety course and 100-200 hours of community service.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be Determined.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5603 2013-2014 Regular Sessions IN SENATE May 24, 2013 ___________
Introduced by Sen. ROBACH -- 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 vehicular manslaughter in the second degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 125.12 of the penal law, as amended by chapter 732 of the laws of 2006, is amended and a new subdi- vision 4 is added to read as follows: (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of subdivision one of section 25.24 of the parks, recreation and historic preservation law or operates an all terrain vehicle as defined in para- graph (a) of subdivision one of section twenty-two hundred eighty-one of the vehicle and traffic law in violation of subdivision two, three, four, or four-a of section eleven hundred ninety-two of the vehicle and traffic law, and as a result of such intoxication or impairment by the use of a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, operates such snowmobile or all terrain vehicle in a manner that causes the death of such other person[.], OR (4) OPERATES A MOTOR VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED TWELVE OF THE VEHICLE AND TRAFFIC LAW, AND AS A RESULT OF SUCH RECKLESS DRIVING CAUSES THE DEATH OF SUCH OTHER PERSON. IN ADDITION TO THE PENAL- TY AND/OR FINE ESTABLISHED IN THIS SECTION FOR SUCH VIOLATION, ANY PERSON GUILTY OF VIOLATING THIS SUBDIVISION SHALL ALSO COMPLETE A TRAF- FIC SAFETY COURSE AND COMPLETE TWO HUNDRED HOURS OF COMMUNITY SERVICE. S 2. This act shall take effect immediately.

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