Bill Text: NY A04260 | 2013-2014 | General Assembly | Introduced

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Bill Title: Increases the criminal penalties for crimes of vehicular assault, vehicular manslaughter and leaving the scene of an incident where death or serious personal injury has resulted.

Spectrum: Partisan Bill (Republican 21-1)

Status: (Introduced - Dead) 2014-05-28 - held for consideration in codes [A04260 Detail]

Download: New_York-2013-A04260-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4260
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2013
                                      ___________
       Introduced by M. of A. RAIA, GIGLIO, KOLB -- Multi-Sponsored by -- M. of
         A. BARCLAY, BUTLER, FINCH, FITZPATRICK, P. LOPEZ, McDONOUGH, McKEVITT,
         PALMESANO,  STEVENSON, THIELE -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the penal law  and  the  vehicle  and  traffic  law,  in
         relation to increasing the criminal penalties for the crimes of vehic-
         ular assault, vehicular manslaughter and leaving the scene of an inci-
         dent where death or serious personal injury has resulted
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The closing paragraph of section 120.03 of the  penal  law,
    2  as  amended  by  chapter  732 of the laws of 2006, is amended to read as
    3  follows:
    4    Vehicular assault in the second degree is a class [E] D felony.
    5    S 2. The closing paragraph of section 120.04  of  the  penal  law,  as
    6  amended  by  chapter  496  of  the  laws  of 2009, is amended to read as
    7  follows:
    8    Vehicular assault in the first degree is a class [D] C felony.
    9    S 3. The closing paragraph of section 125.12  of  the  penal  law,  as
   10  amended  by  chapter  732  of  the  laws  of 2006, is amended to read as
   11  follows:
   12    Vehicular manslaughter in the second degree is a class [D] C felony.
   13    S 4. The closing paragraph of section 125.13  of  the  penal  law,  as
   14  amended  by  chapter  496  of  the  laws  of 2009, is amended to read as
   15  follows:
   16    Vehicular manslaughter in the first degree is a class [C] B felony.
   17    S 5. Paragraph c of subdivision 2 of section 600 of  the  vehicle  and
   18  traffic law, as amended by chapter 49 of the laws of 2005, is amended to
   19  read as follows:
   20    c.  A  violation  of the provisions of paragraph a of this subdivision
   21  resulting solely from the failure of an operator to exhibit his  or  her
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05043-01-3
       A. 4260                             2
    1  license  and  insurance  identification card for the vehicle or exchange
    2  the information required in such paragraph shall constitute  a  class  B
    3  misdemeanor  punishable by a fine of not less than two hundred fifty nor
    4  more  than  five  hundred  dollars  in  addition  to any other penalties
    5  provided by law. Any subsequent such violation shall constitute a  class
    6  A  misdemeanor  punishable  by  a fine of not less than five hundred nor
    7  more than one thousand  dollars  in  addition  to  any  other  penalties
    8  provided  by law. Any violation of the provisions of paragraph a of this
    9  subdivision, other than for the mere failure of an operator  to  exhibit
   10  his or her license and insurance identification card for such vehicle or
   11  exchange  the information required in such paragraph, shall constitute a
   12  class A misdemeanor, punishable by a fine of not less than five  hundred
   13  dollars  nor  more  than  one  thousand dollars in addition to any other
   14  penalties provided by law. Any such  violation  committed  by  a  person
   15  after  such  person  has  previously  been convicted of such a violation
   16  shall constitute a class E felony, punishable by a fine of not less than
   17  one thousand nor more than two thousand five hundred dollars in addition
   18  to any other penalties provided by law. Any violation of the  provisions
   19  of  paragraph  a of this subdivision, other than for the mere failure of
   20  an operator to exhibit his or her license and  insurance  identification
   21  card for such vehicle or exchange the information required in such para-
   22  graph,  where  the personal injury involved (i) results in serious phys-
   23  ical injury, as defined in section 10.00 of the penal law, shall consti-
   24  tute a class E felony, punishable  by  a  fine  of  not  less  than  one
   25  thousand  nor  more  than five thousand dollars in addition to any other
   26  penalties provided by law, or (ii) results in death shall  constitute  a
   27  class  [D]  C  felony punishable by a fine of not less than two thousand
   28  nor more than five thousand dollars in addition to any  other  penalties
   29  provided by law.
   30    S 6. This act shall take effect on the first of November next succeed-
   31  ing the date on which it shall have become a law.