S577-2011 Actions

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

S577-2011 Memo

BILL NUMBER:S577                 REVISED 02/15/12

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

PURPOSE OR GENERAL IDEA OF BILL:
Creates the crime of vehicular manslaughter in the third degree.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends the penal law by adding a new �125.11-a which
creates the crime of vehicular manslaughter in the third degree for
causing the death of a person because of the negligent operation of a
motor vehicle.
This crime would be a class E felony.

Section 2: establishes an effective date.

JUSTIFICATION:
This bill would mandate that the crime of vehicular manslaughter be
raised to the third degree. This bill was introduced to address the
situation where a negligent motorist injures others on the roadway,
especially those who are especially vulnerable to such injury because
they are riding a bicycle or are a pedestrian walking along the
roadside.
Further, no action by such a pedestrian or bicyclist can be taken to
completely protect themselves from a motorist that is not paying
attention to the road or their surroundings, and consequently
injurers such persons. The incidence of hit and run accidents between
motorists and pedestrians and bicyclists has been increasing in
suburban areas such as Westchester County and the northern Bronx.
This will should help to address this issue and allow all traffic to
equally use our state and local highways and roads.

PRIOR LEGISLATIVE HISTORY:
2007 - A.6322 - Referred to
2009 - S.2492 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S577-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          577
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sens.  KLEIN, MAZIARZ -- 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 third degree
 

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  125.11-a
 to read as follows:

 

S 125.11-A VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE.
 A  PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE WHEN
 HE OR SHE OPERATES A MOTOR VEHICLE NEGLIGENTLY SUCH THAT  THE  LIVES  OR
 SAFETY  OF  THE  PUBLIC  BE  ENDANGERED AND BY SUCH OPERATION CAUSES THE
 DEATH OF ANOTHER PERSON.
 VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE IS A CLASS E 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04767-01-1

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