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.