Bill Text: NY A08411 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to vehicular assault and vehicular manslaughter.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A08411 Detail]

Download: New_York-2015-A08411-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8411
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    October 9, 2015
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend  the  penal law, in relation to vehicular assault and
         vehicular manslaughter
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  3  of  section  120.03  of the penal law, as
    2  amended by chapter 732 of the laws of 2006, is amended and a new  subdi-
    3  vision 4 is added to read as follows:
    4    (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
    5  subdivision  one  of section 25.24 of the parks, recreation and historic
    6  preservation law or operates an all terrain vehicle as defined in  para-
    7  graph (a) of subdivision one of section twenty-two hundred eighty-one of
    8  the  vehicle and traffic law and in violation of subdivision two, three,
    9  four, or four-a of section eleven hundred ninety-two of the vehicle  and
   10  traffic  law,  and as a result of such intoxication or impairment by the
   11  use of a drug, or by the combined influence of drugs or of  alcohol  and
   12  any  drug or drugs, operates such snowmobile or all terrain vehicle in a
   13  manner that causes such serious physical injury to such other person[.],
   14  OR
   15    (4) OPERATES A MOTOR VEHICLE WITHOUT HAVING BEEN LICENSED TO OPERATE A
   16  MOTOR VEHICLE IN THE STATE OF NEW YORK, AND WHILE OPERATING  SAID  MOTOR
   17  VEHICLE CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON.
   18    S 2. Subdivisions 5 and 6 of section 125.13 of the penal law, subdivi-
   19  sion  5 as amended and subdivision 6 as added by chapter 496 of the laws
   20  of 2009, are amended and a  new  subdivision  7  is  added  to  read  as
   21  follows:
   22    (5)  has  previously been convicted of violating any provision of this
   23  article or article one hundred twenty of this title involving the opera-
   24  tion of a motor vehicle, or was convicted in any other state  or  juris-
   25  diction  of an offense involving the operation of a motor vehicle which,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11962-01-5
       A. 8411                             2
    1  if committed in this state, would constitute a violation of this article
    2  or article one hundred twenty of this title; [or]
    3    (6)  commits  such crime while operating a motor vehicle while a child
    4  who is fifteen years of age or less is a passenger in such motor vehicle
    5  and causes the death of such child[.]; OR
    6    (7) OPERATES A MOTOR VEHICLE WITHOUT HAVING BEEN LICENSED TO OPERATE A
    7  MOTOR VEHICLE IN THE STATE OF NEW YORK, AND WHILE OPERATING  SAID  MOTOR
    8  VEHICLE CAUSES THE DEATH OF ANOTHER PERSON.
    9    S 3. This act shall take effect on the one hundred twentieth day after
   10  it shall have become a law.