Bill Text: NY S05336 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to vehicular assault and vehicular manslaughter when a person operates a motor vehicle without having been licensed to operate a motor vehicle in the state of New York, and while operating said motor vehicle causes the death of another person.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S05336 Detail]

Download: New_York-2023-S05336-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5336

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 2, 2023
                                       ___________

        Introduced  by  Sen.  WEIK  --  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  vehicular  assault  and
          vehicular manslaughter

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 3 of  section  120.03  of  the  penal  law,  as
     2  amended  by chapter 732 of the laws of 2006, is amended and a new subdi-
     3  vision 4 is added to read as follows:
     4    (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
     5  subdivision one of section 25.24 of the parks, recreation  and  historic
     6  preservation  law or operates an all terrain vehicle as defined in para-
     7  graph (a) of subdivision one of section twenty-two hundred eighty-one of
     8  the vehicle and traffic law and in violation of subdivision two,  three,
     9  four,  or four-a of section eleven hundred ninety-two of the vehicle and
    10  traffic law, and as a result of such intoxication or impairment  by  the
    11  use  of  a drug, or by the combined influence of drugs or of alcohol and
    12  any drug or drugs, operates such snowmobile or all terrain vehicle in  a
    13  manner that causes such serious physical injury to such other person[.],
    14  or
    15    (4) operates a motor vehicle without having been licensed to operate a
    16  motor  vehicle  in the state of New York, and while operating said motor
    17  vehicle causes serious physical injury to another person.
    18    § 2. Subdivision 7 of section 125.13 of the penal  law,  as  added  by
    19  chapter  688  of the laws of 2022, is amended and a new subdivision 8 is
    20  added to read as follows:
    21    (7) commits such crime while operating a vessel in violation of  para-
    22  graph (e-1) of subdivision two of section forty-nine-a of the navigation
    23  law  while a child who is fifteen years of age or less is a passenger in
    24  such vessel and causes the death of such child[.]; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09123-01-3
        S. 5336                             2

     1    (8) operates a motor vehicle without having been licensed to operate a
     2  motor vehicle in the state of New York, and while operating  said  motor
     3  vehicle causes the death of another person.
     4    § 3. This act shall take effect on the one hundred twentieth day after
     5  it  shall  have  become a law; provided, however, that if chapter 688 of
     6  the laws of 2022 shall not have taken effect on or before such date then
     7  section two of this act shall take effect on the same date  and  in  the
     8  same manner as such chapter of the laws of 2022, takes effect.