Bill S568-2011

Creates the felonies of aggravated vehicular assault and vehicular murder

Creates the felonies of aggravated vehicular assault and vehicular murder, to be Class C and Class B felonies, respectively.

Details

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Jan 5, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S568

TITLE OF BILL: An act to amend the penal law, in relation to aggravated vehicular assault and vehicular murder

PURPOSE: To create stronger penalties for those who severely injure, or kill people driving while intoxicated.

SUMMARY OF PROVISIONS:; Establishes a new crime of "Aggravated Vehicular Assault." A person is guilty of this crime when a person recklessly causes serious physical injury to another person while operating a motor vehicle, vessel or public vessel, snowmobile or all terrain vehicle while intoxicated or under the influence of drugs. Aggravated vehicular assault is a class C felony.

Establishes the new crime of "Vehicular Murder." A person is guilty of this crime when a person recklessly causes the death of another person while operating a motor vehicle, vessel or public vessel, snowmobile, or all terrain vehicle while intoxicated or under the influence of drugs. Vehicular murder is a class B felony.

JUSTIFICATION: A vehicle represents a deadly weapon when operated by a drunk driver. Stronger penalties are created to deter people from driving while intoxicated, and adequately punish those who severely injure, or kill as a result.

LEGISLATIVE HISTORY: 06/10/08 PASSED-SENATE 06/10/08 Referred to Codes

FISCAL IMPLICATIONS:; None.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 568 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
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 aggravated vehicular assault and vehicular murder THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 120.09 to read as follows: S 120.09 AGGRAVATED VEHICULAR ASSAULT. A PERSON IS GUILTY OF AGGRAVATED VEHICULAR ASSAULT WHEN HE RECKLESSLY CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON BY OPERATION OF A VEHI- CLE IN VIOLATION OF SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW OR BY OPERATION OF A VESSEL OR PUBLIC VESSEL IN VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION TWO OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW OR BY OPERATION OF 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 BY OPERATION OF AN ALL TERRAIN VEHICLE 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 OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW. AGGRAVATED VEHICULAR ASSAULT IS A CLASS C FELONY. S 2. The penal law is amended by adding a new section 125.30 to read as follows: S 125.30 VEHICULAR MURDER. A PERSON IS GUILTY OF VEHICULAR MURDER WHEN HE RECKLESSLY CAUSES THE DEATH OF ANOTHER PERSON BY OPERATION OF A VEHICLE IN VIOLATION OF SUBDI- VISION TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW OR BY OPERATION OF A VESSEL OR PUBLIC VESSEL IN
VIOLATION OF PARAGRAPH (B), (C), (D), OR (E) OF SUBDIVISION TWO OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW OR BY OPERATION OF A SNOWMO- BILE IN VIOLATION OF PARAGRAPH (B), (C) OR (D) OF SUBDIVISION ONE OF SECTION 25.24 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW OR BY OPERATION OF AN ALL TERRAIN VEHICLE 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 OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW. VEHICULAR MURDER IS A CLASS B FELONY. S 3. 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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