Assembly Bill A3087

2019-2020 Legislative Session

Relates to offenses involving the use of a portable electronic device while driving

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A3087 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.03 & 120.04, Pen L; amd §1212, V & T L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9160
2015-2016: A4834
2017-2018: A2264

2019-A3087 (ACTIVE) - Summary

Expands the definitions of vehicular assault in the first degree, vehicular assault in the second degree and reckless driving to include offenses involving use of a portable electronic device while driving.

2019-A3087 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3087
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to expanding the  definitions
   of  vehicular assault in the first degree and vehicular assault in the
   second degree to include offenses involving use of  a  portable  elec-
   tronic device while driving; and to amend the vehicle and traffic law,
   in relation to expanding the definition of reckless driving to include
   offenses involving use of a portable electronic device while driving
 
   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:
 § 120.03 Vehicular assault in the second degree.
   A  person  is guilty of vehicular assault in the second degree when he
 or she causes serious physical injury to another person, and [either]:
   (1) operates a motor vehicle in violation of subdivision  two,  three,
 four  or  four-a of section eleven hundred ninety-two of the vehicle and
 traffic law or operates a vessel or public vessel in violation of  para-
 graph (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  alco-
 hol 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) operates a motor vehicle with a gross  vehicle  weight  rating  of
 more  than eighteen thousand pounds which contains flammable gas, radio-
 active 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06614-01-9
              

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