Bill Text: NY A05356 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to enacting the "Johnny Lopez law"; and to repeal subdivision 1 of section 125.13 of such law relating to vehicular manslaughter in the first degree

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A05356 Detail]

Download: New_York-2009-A05356-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5356
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2009
                                      ___________
       Introduced  by  M.  of  A.  SPANO, MAYERSOHN, GABRYSZAK, BROOK-KRASNY --
         Multi-Sponsored by -- M.  of A. ABBATE, GALEF, HOOPER,  WEISENBERG  --
         read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to enacting the "Johnny Lopez
         law"; and to repeal subdivision 1 of section 125.13 of such law relat-
         ing to vehicular manslaughter in the first degree
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "Johnny Lopez law".
    3    S 2. Subdivision 1 of section 125.13 of the penal law is REPEALED.
    4    S  3.  Subdivision 2 of section 125.25 of the penal law, as amended by
    5  chapter 791 of the laws of 1967, is amended to read as follows:
    6    2. Under circumstances evincing a depraved indifference to human life,
    7  he OR SHE recklessly engages in conduct which creates a  grave  risk  of
    8  death to another person, and thereby causes the death of another person.
    9  FOR THE PURPOSES OF THIS SUBDIVISION, "CIRCUMSTANCES EVINCING A DEPRAVED
   10  INDIFFERENCE  TO HUMAN LIFE" SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
   11  THE OPERATION OF A MOTOR VEHICLE IN VIOLATION OF  SUBDIVISION  TWO-A  OF
   12  SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF  THE  VEHICLE  AND TRAFFIC LAW.
   13  PROVIDED FURTHER THAT IF IT IS ESTABLISHED THAT THE  PERSON  OPERATED  A
   14  MOTOR  VEHICLE  IN  VIOLATION OF SUCH SUBDIVISION, THEN THERE SHALL BE A
   15  REBUTTABLE PRESUMPTION, THAT AS A RESULT OF SUCH VIOLATION, SUCH  PERSON
   16  ENGAGED  IN  RECKLESS  CONDUCT  WHICH  CREATES  A GRAVE RISK OF DEATH TO
   17  ANOTHER PERSON; or
   18    S 4. This act shall take effect on the first of November next succeed-
   19  ing the date on which it shall have become a law.
         REPEAL NOTE.--Subdivision 1  of  section  125.13  of  the  penal  law,
       proposed  to be repealed by section two of this act, includes within the
       class C felony of  vehicular  manslaughter  in  the  first  degree,  the
       commission of vehicular manslaughter in the second degree while having a
       blood/alcohol content of .18 of one per centum or greater.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07834-01-9