S T A T E O F N E W Y O R K ________________________________________________________________________ 483 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M. of A. CANES- TRARI, ENGLEBRIGHT, HOYT, PAULIN, SWEENEY, TOWNS, WEISENBERG -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to determining when a person is guilty of vehicular homicide THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 1212-a to read as follows: 3 S 1212-A. VEHICULAR HOMICIDE. A PERSON IS GUILTY OF VEHICULAR HOMICIDE 4 WHEN HE OR SHE CAUSES THE DEATH OF ANOTHER PERSON BY OPERATION OF A 5 MOTOR VEHICLE WHEN SUCH DEATH WAS CAUSED BY SUCH PERSON COMMITTING A 6 MAJOR TRAFFIC VIOLATION; AND 7 (A) SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF TWO OR MORE MAJOR 8 TRAFFIC VIOLATIONS ON AT LEAST TWO SEPARATE OCCASIONS WITHIN THE IMME- 9 DIATELY PRECEDING EIGHTEEN MONTHS; OR 10 (B) AT THE TIME SUCH PERSON IS OPERATING SUCH MOTOR VEHICLE, HIS OR 11 HER LICENSE IS REVOKED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH A OF 12 SUBDIVISION TWO OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER AND SUCH 13 PERSON KNOWS OR HAS REASON TO KNOW THAT HIS OR HER LICENSE HAS BEEN SO 14 REVOKED. 15 FOR PURPOSES OF THIS SECTION, THE TERM "MAJOR TRAFFIC VIOLATION" SHALL 16 MEAN THE OPERATION OF A MOTOR VEHICLE IN VIOLATION OF ANY ONE OF THE 17 FOLLOWING PROVISIONS OF THIS CHAPTER: SUBDIVISION TWO OF SECTION SIX 18 HUNDRED, SECTION ELEVEN HUNDRED ELEVEN, SECTION ELEVEN HUNDRED SEVENTY, 19 SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN 20 HUNDRED SEVENTY-FOUR, SUBDIVISIONS (A), (B), (C), (D) AND (F) OF SECTION 21 ELEVEN HUNDRED EIGHTY PROVIDED THAT THE VIOLATION INVOLVED TWENTY OR 22 MORE MILES PER HOUR OVER THE ESTABLISHED LIMIT, SECTION ELEVEN HUNDRED 23 EIGHTY-TWO, AND SECTION TWELVE HUNDRED TWELVE. THE TERM "MAJOR TRAFFIC EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03481-01-1 A. 483 2 1 VIOLATION" SHALL ALSO INCLUDE A VIOLATION OF SUBDIVISION TWO, THREE OR 2 FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, AS WELL AS 3 ANY VIOLATION OF THE PENAL LAW THAT INCLUDES AS ONE OF ITS ELEMENTS 4 PROOF THAT SUCH PERSON VIOLATED ANY ONE OF SUCH SUBDIVISIONS. VEHICULAR 5 HOMICIDE IS A CLASS E FELONY. 6 S 2. This act shall take effect on the ninetieth day after it shall 7 have become a law.