Bill Text: NY A03097 | 2011-2012 | General Assembly | Introduced

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Bill Title: Enacts the "Johnny Lopez law" to include the commission of aggravated driving while intoxicated (BAC .18 or more) within the meaning of "circumstances evincing a depraved indifference to human life" for purposes of the class A-I felony of murder in the second degree; creates a rebuttable presumption that the commission of aggravated driving while intoxicated is reckless conduct which creates a grave risk of death to another person; eliminates reference to aggravated driving while intoxicated from the class C felony of vehicular manslaughter in the first degree.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced - Dead) 2011-01-24 - referred to codes [A03097 Detail]

Download: New_York-2011-A03097-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3097
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced  by M. of A. SPANO, MAYERSOHN, GABRYSZAK, BROOK-KRASNY, STEV-
         ENSON -- Multi-Sponsored by -- M. of A. ABBATE, GALEF, HOOPER, WEISEN-
         BERG -- 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 Subdivision 1 of section 125.13 of the penal law is REPEALED.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.
                                                                  LBD07822-01-1