Creates the crime of vehicular manslaughter in the third degree, a class E felony, wherein a person operates a motor vehicle negligently so that the lives or safety of the public might be endangered and by any such operation causes the death of another person.
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.
STATE OF NEW YORK ________________________________________________________________________ 577 2011-2012 Regular Sessions IN 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