Bill Text: NY A04806 | 2015-2016 | General Assembly | Introduced

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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) 2016-01-06 - referred to codes [A04806 Detail]

Download: New_York-2015-A04806-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4806
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2015
                                      ___________
       Introduced  by  M. of A. RAIA, GIGLIO, KOLB, MALLIOTAKIS, BORELLI, FINCH
         -- Multi-Sponsored by  --  M.  of  A.  BARCLAY,  BLANKENBUSH,  BUTLER,
         DUPREY,  FITZPATRICK,  HAWLEY, McDONOUGH, McKEVITT, PALMESANO, TENNEY,
         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.
                                                                  LBD07167-01-5