Bill Text: NY A04460 | 2015-2016 | General Assembly | Introduced


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: Strong Partisan Bill (Republican 24-2)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A04460 Detail]

Download: New_York-2015-A04460-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4460
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 2, 2015
                                      ___________
       Introduced  by  M.  of  A.  RAIA,  GIGLIO,  KOLB, OAKS, BORELLI, CURRAN,
         CORWIN, FINCH -- Multi-Sponsored by -- M. of A. BARCLAY,  BLANKENBUSH,
         BUTLER, CERETTO, DUPREY, FITZPATRICK, HAWLEY, LOPEZ, McDONOUGH, McKEV-
         ITT,  McLAUGHLIN,  PALMESANO,  STEC,  TENNEY,  THIELE -- read once and
         referred to the Committee 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:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07055-01-5
       A. 4460                             2
    1    c.  A  violation  of the provisions of paragraph a of this subdivision
    2  resulting solely from the failure of an operator to exhibit his  or  her
    3  license  and  insurance  identification card for the vehicle or exchange
    4  the information required in such paragraph shall constitute  a  class  B
    5  misdemeanor  punishable by a fine of not less than two hundred fifty nor
    6  more than five hundred  dollars  in  addition  to  any  other  penalties
    7  provided  by law. Any subsequent such violation shall constitute a class
    8  A misdemeanor punishable by a fine of not less  than  five  hundred  nor
    9  more  than  one  thousand  dollars  in  addition  to any other penalties
   10  provided by law. Any violation of the provisions of paragraph a of  this
   11  subdivision,  other  than for the mere failure of an operator to exhibit
   12  his or her license and insurance identification card for such vehicle or
   13  exchange the information required in such paragraph, shall constitute  a
   14  class  A misdemeanor, punishable by a fine of not less than five hundred
   15  dollars nor more than one thousand dollars  in  addition  to  any  other
   16  penalties  provided  by  law.  Any  such violation committed by a person
   17  after such person has previously been  convicted  of  such  a  violation
   18  shall constitute a class E felony, punishable by a fine of not less than
   19  one thousand nor more than two thousand five hundred dollars in addition
   20  to  any other penalties provided by law. Any violation of the provisions
   21  of paragraph a of this subdivision, other than for the mere  failure  of
   22  an  operator  to exhibit his or her license and insurance identification
   23  card for such vehicle or exchange the information required in such para-
   24  graph, where the personal injury involved (i) results in  serious  phys-
   25  ical injury, as defined in section 10.00 of the penal law, shall consti-
   26  tute  a  class  E  felony,  punishable  by  a  fine of not less than one
   27  thousand nor more than five thousand dollars in addition  to  any  other
   28  penalties  provided  by law, or (ii) results in death shall constitute a
   29  class [D] C felony punishable by a fine of not less  than  two  thousand
   30  nor  more  than five thousand dollars in addition to any other penalties
   31  provided by law.
   32    S 6. This act shall take effect on the first of November next succeed-
   33  ing the date on which it shall have become a law.
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