Bill Text: NY A04504 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 4504 (Prior Session Legislation)

Introduced

Bill Title: Creates the crime of vehicular manslaughter in the third degree, a class E felony, wherein a person operates a motor vehicle negligently so that the lives or safety of the public might be endangered and by any such operation causes the death of another person.

Spectrum: Strong Partisan Bill (Republican 16-1)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A04504 Detail]

Download: New_York-2013-A04504-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4504
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2013
                                      ___________
       Introduced  by  M.  of A. RAIA, GIGLIO, KOLB, MALLIOTAKIS -- Multi-Spon-
         sored by -- M. of A.   BARCLAY, BUTLER,  DUPREY,  FINCH,  FITZPATRICK,
         HAWLEY, McDONOUGH, McKEVITT, PALMESANO, STEVENSON, THIELE -- read once
         and referred to the Committee on Codes
       AN  ACT  to  amend  the  penal law, in relation to creating the crime of
         vehicular manslaughter in the third degree
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The penal law is amended by adding a new section 125.11-a
    2  to read as follows:
    3  S 125.11-A VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE.
    4    (1) A PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN THE  THIRD  DEGREE
    5  WHEN HE OR SHE OPERATES A MOTOR VEHICLE NEGLIGENTLY SO THAT THE LIVES OR
    6  SAFETY OF THE PUBLIC MIGHT BE ENDANGERED AND BY ANY SUCH OPERATION CAUS-
    7  ES THE DEATH OF ANOTHER PERSON.
    8    (2)  IN  ANY  PROSECUTION UNDER THIS SECTION, IT SHALL BE A REBUTTABLE
    9  PRESUMPTION THAT SUCH DEATH WAS CAUSED IN WHOLE OR IN  SUBSTANTIAL  PART
   10  BY  THE  ACTOR'S  INTOXICATION  OR  IMPAIRMENT  BY  THE USE OF A DRUG IN
   11  VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND  TRAF-
   12  FIC LAW.
   13    VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE IS A CLASS E FELONY.
   14    S 2. This act shall take effect on the first of November next succeed-
   15  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05173-01-3