Bill Text: NY A03936 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to creating the crime of vehicular manslaughter in the third degree

Spectrum: Partisan Bill (Republican 20-1)

Status: (Introduced - Dead) 2010-03-16 - held for consideration in codes [A03936 Detail]

Download: New_York-2009-A03936-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3936
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2009
                                      ___________
       Introduced  by  M.  of A. RAIA, ALFANO, BURLING, GIGLIO, KOLB, WALKER --
         Multi-Sponsored by -- M.  of  A.  BACALLES,  BARCLAY,  BARRA,  BUTLER,
         CALHOUN, CONTE, ERRIGO, FINCH, FITZPATRICK, McDONOUGH, McKEVITT, MILL-
         ER, O'MARA, SAYWARD, THIELE, TOWNSEND -- read once and referred to the
         Committee on Codes
       AN  ACT  to  amend  the  penal law, in relation to creating the crime of
         vehicular manslaughter in the third degree
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The penal law is amended by adding a new section 125.11-a
    2  to read as follows:
    3  S 125.11-A VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE.
    4    (1) A PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN THE  THIRD  DEGREE
    5  WHEN HE OR SHE OPERATES A MOTOR VEHICLE NEGLIGENTLY SO THAT THE LIVES OR
    6  SAFETY OF THE PUBLIC MIGHT BE ENDANGERED AND BY ANY SUCH OPERATION CAUS-
    7  ES THE DEATH OF ANOTHER PERSON.
    8    (2)  IN  ANY  PROSECUTION UNDER THIS SECTION, IT SHALL BE A REBUTTABLE
    9  PRESUMPTION THAT SUCH DEATH WAS CAUSED IN WHOLE OR IN  SUBSTANTIAL  PART
   10  BY  THE  ACTOR'S  INTOXICATION  OR  IMPAIRMENT  BY  THE USE OF A DRUG IN
   11  VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND  TRAF-
   12  FIC LAW.
   13    VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE IS A CLASS E FELONY.
   14    S 2. This act shall take effect on the first of November next succeed-
   15  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.
                                                                  LBD06592-01-9