Bill S6386-2013

Includes in the class E felony of vehicular assault in the second degree, the causing of serious physical injury or death while operating a vehicle with suspended, revoked or no license

Includes in the class E felony of vehicular assault in the second degree, the causing of serious physical injury or death to another person, while operating a motor vehicle with a suspended or revoked license, or if he or she is unlicensed.

Details

Actions

  • Apr 29, 2014: DEFEATED IN CODES
  • Mar 6, 2014: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 21, 2014: REFERRED TO CODES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Codes - Apr 29, 2014
Ayes (7): Avella, Squadron, Perkins, Espaillat, Hoylman, O'Brien, Krueger
Ayes W/R (1): Lanza
Nays (8): Nozzolio, Boyle, DeFrancisco, Flanagan, Gallivan, Golden, O'Mara, Griffo

Memo

BILL NUMBER:S6386                REVISED 1/23/14

TITLE OF BILL: An act to amend the penal law, in relation to including within the offense of vehicular assault in the second degree, the causing of serious injury or death while knowingly operating a motor vehicle with a revoked or suspended license or while not holding a license

PURPOSE: Includes in a class E felony of vehicular assault in the second degree, the causing of serious physical injury or death while operating a vehicle with suspended, revoked or no license.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends Section 120.03 of the penal law to provide a person is guilty of vehicular assault in the second degree when he or she causes serious physical injury or death to another person by operation of a motor vehicle while knowing or having reason to know that his or her license or privilege of operating a motor vehicle is suspended or revoked pursuant to subdivision two or three of section five hundred ten or five hundred ten-a of the vehicle and traffic law; or he or she is not duly licensed.

Section two of the bill is the effective date.

JUSTIFICATION: In recent months, more attention has been paid to the fact that drivers with suspended licenses in New York State are still getting behind the wheel - and killing people. Ten percent of all crashes in New York are caused by drivers with suspended or revoked licenses, and 75 percent of those drivers still get behind the wheel.

Often, these drivers are suspended for reasons related to traffic safety. They are a menace to not only pedestrians like Noshat Nahian, the eight year old third grader at PS 152 who lost his life when he was hit by a tractor trailer while crossing Northern Boulevard at 61st Street, but also to other drivers on the road. Licenses are suspended for a reason: these people should not be behind the wheel of a vehicle.

It is illegal to drive a vehicle on a street or highway without a valid driver's license. The right to operate a motor vehicle is granted by the state, and its use depends upon the motorist complying with the conditions prescribed in granting the license.

While we can't turn back the clock on past accidents due to driving with a suspended license, we can make it more difficult for people to engage in this activity in the future. We must redouble our efforts to make our streets safer, including bringing chronically reckless drivers to justice.

This legislation would make it a class E felony for drivers who drive unlicensed or with a revoked/suspended license and kill or seriously injure someone in the process. This crime would carry a sentence of up to four years in prison.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act should take effect on the one hundred eightieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6386 IN SENATE January 21, 2014 ___________
Introduced by Sen. GIANARIS -- 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 including within the offense of vehicular assault in the second degree, the causing of serious injury or death while knowingly operating a motor vehicle with a revoked or suspended license or while not holding a license THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 120.03 of the penal law, as amended by chapter 732 of the laws of 2006, is amended to read as follows: S 120.03 Vehicular assault in the second degree. A person is guilty of vehicular assault in the second degree when he or she causes: 1. serious physical injury to another person, and either: [(1)] (A) operates a motor vehicle in violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of the vehi- cle and traffic law or operates 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, 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 motor vehicle, vessel or public vessel in a manner that causes such serious physical injury to such other person, or [(2)](B) operates a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives in violation of subdivision one of section eleven hundred ninety-two of the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such serious physical injury, and as a result of such impairment by the use of alcohol, operates such motor vehicle in a manner that causes such serious physical injury to such other person, or [(3)] (C) 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 paragraph (a) of subdivision one of section twenty-two hundred eight- y-one of the vehicle and traffic law and 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 impair- ment 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 such serious physical injury to such other person. If it is established that the person operating such motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle caused such serious physical injury while unlawfully intoxicated or impaired by the use of alcohol or a drug, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of alco- hol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, such person operated the motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle in a manner that caused such serious physical injury, as required by this [section.] SUBDIVI- SION; OR 2. SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON, WHILE OPERATING A MOTOR VEHICLE, KNOWING OR HAVING REASON TO KNOW THAT HIS OR HER LICENSE TO OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IS SUSPENDED OR REVOKED PURSUANT TO SUBDIVISION TWO OR THREE OF SECTION FIVE HUNDRED TEN OR SECTION FIVE HUNDRED TEN-A OF THE VEHICLE AND TRAFFIC LAW FOR CONDUCT RELATING TO THE OPERATION OF A MOTOR VEHICLE, OR KNOWING OR HAVING REASON TO KNOW THAT HE OR SHE IS NOT DULY LICENSED PURSUANT TO ARTICLE NINETEEN OF THE VEHICLE AND TRAFFIC LAW OR IS A NON-RESIDENT WHO IS NOT LICENSED TO OPERATE A MOTOR VEHICLE IN THE JURISDICTION IN WHICH HE OR SHE RESIDES. Vehicular assault in the second degree is a class E felony. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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