Bill Text: NY S04772 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to aggravated vehicular homicide where a person commits the crime of vehicular manslaughter in the second degree and has previously been convicted three times of violating any provisions of section 1192 of the vehicle and traffic law within the preceding ten years.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2014-06-03 - referred to codes [S04772 Detail]

Download: New_York-2013-S04772-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4772
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 23, 2013
                                      ___________
       Introduced  by Sen. GALLIVAN -- 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 aggravated vehicular homi-
         cide
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 125.14 of the penal law, as amended by chapter 496
    2  of the laws of 2009, is amended to read as follows:
    3  S 125.14 Aggravated vehicular homicide.
    4    A person is guilty of aggravated vehicular homicide  when  he  or  she
    5  EITHER:
    6    (1)  engages  in reckless driving as defined by section twelve hundred
    7  twelve of the vehicle and traffic law, and commits the crime of  vehicu-
    8  lar  manslaughter  in  the second degree as defined in section 125.12 of
    9  this article, and either:
   10    [(1)] (A) commits such crimes while operating a  motor  vehicle  while
   11  such  person  has  .18 of one per centum or more by weight of alcohol in
   12  such person's blood as shown  by  chemical  analysis  of  such  person's
   13  blood,  breath,  urine  or  saliva  made  pursuant  to the provisions of
   14  section eleven hundred ninety-four of the vehicle and traffic law;
   15    [(2)] (B) commits such crimes while knowing or having reason  to  know
   16  that:  [(a)] (I) his or her license or his or her privilege of operating
   17  a motor vehicle in another state or his or her privilege of obtaining  a
   18  license  to  operate  a  motor  vehicle in another state is suspended or
   19  revoked and such suspension or revocation is based upon a conviction  in
   20  such other state for an offense which would, if committed in this state,
   21  constitute  a  violation  of  any  of  the  provisions of section eleven
   22  hundred ninety-two of the vehicle and traffic law; or [(b)] (II) his  or
   23  her license or his or her privilege of operating a motor vehicle in this
   24  state  or  his  or  her  privilege  of obtaining a license issued by the
   25  commissioner of motor vehicles is suspended or revoked and such  suspen-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10139-01-3
       S. 4772                             2
    1  sion  or revocation is based upon either a refusal to submit to a chemi-
    2  cal test pursuant to section eleven hundred ninety-four of  the  vehicle
    3  and  traffic law or following a conviction for a violation of any of the
    4  provisions of section eleven hundred ninety-two of the vehicle and traf-
    5  fic law;
    6    [(3)]  (C)  has  previously  been  convicted  of  violating any of the
    7  provisions of section eleven hundred ninety-two of the vehicle and traf-
    8  fic law within the preceding ten years, provided that, for the  purposes
    9  of this subdivision, a conviction in any other state or jurisdiction for
   10  an  offense  which,  if  committed  in  this  state,  would constitute a
   11  violation of section eleven hundred ninety-two of the vehicle and  traf-
   12  fic law, shall be treated as a violation of such law;
   13    [(4)] (D) causes the death of more than one other person;
   14    [(5)]  (E)  causes  the  death  of one person and the serious physical
   15  injury of at least one other person;
   16    [(6)] (F) has previously been convicted of violating any provision  of
   17  this  article  or article one hundred twenty of this title involving the
   18  operation of a motor vehicle, or was convicted in  any  other  state  or
   19  jurisdiction  of  an  offense involving the operation of a motor vehicle
   20  which, if committed in this state, would constitute a violation of  this
   21  article or article one hundred twenty of this title; or
   22    [(7)]  (G)  commits such crime while operating a motor vehicle while a
   23  child who is fifteen years of age or less is a passenger in  such  motor
   24  vehicle and causes the death of such child[.]; OR
   25    (2)  COMMITS  THE CRIME OF VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE
   26  AS DEFINED IN SECTION 125.12 OF THIS ARTICLE, AND  HAS  PREVIOUSLY  BEEN
   27  CONVICTED  THREE  TIMES  OF  VIOLATING  ANY PROVISIONS OF SECTION ELEVEN
   28  HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW WITHIN  THE  PRECEDING
   29  TEN  YEARS,  PROVIDED  THAT,  FOR  THE  PURPOSES  OF THIS SUBDIVISION, A
   30  CONVICTION IN ANY OTHER STATE OR JURISDICTION FOR AN OFFENSE  WHICH,  IF
   31  COMMITTED  IN THIS STATE, WOULD CONSTITUTE A VIOLATION OF SECTION ELEVEN
   32  HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, SHALL BE TREATED AS A
   33  VIOLATION OF SUCH LAW.
   34    If it is established that the  person  operating  such  motor  vehicle
   35  caused  such death or deaths while unlawfully intoxicated or impaired by
   36  the use of alcohol or a drug, or by the combined influence of  drugs  or
   37  of  alcohol  and  any  drug  or  drugs, then there shall be a rebuttable
   38  presumption that, as a result of such intoxication or impairment by  the
   39  use  of  alcohol  or a drug, or by the combined influence of drugs or of
   40  alcohol and any drug or drugs, such person operated the motor vehicle in
   41  a manner that caused such death or deaths, as required by  this  section
   42  and section 125.12 of this article.
   43    Aggravated vehicular homicide is a class B felony.
   44    S 2. This act shall take effect on the first of November next succeed-
   45  ing the date on which it shall have become a law.