Bill Text: NY S03299 | 2017-2018 | General Assembly | Introduced
Bill Title: Includes in the class E felony of vehicular assault in the second degree, the causing of serious physical injury while operating a vehicle with suspended, revoked or no license.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Engrossed - Dead) 2018-04-16 - referred to codes [S03299 Detail]
Download: New_York-2017-S03299-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3299 2017-2018 Regular Sessions IN SENATE January 20, 2017 ___________ Introduced by Sens. GIANARIS, ADDABBO, AVELLA, BRESLIN, HOYLMAN, LATIM- ER, PARKER, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to including within the offense of vehicular assault in the second degree, the causing of serious injury while knowingly operating a motor vehicle with a revoked or suspended license or while not holding a license and estab- lishing the offense of vehicular homicide The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 120.03 of the penal law, as amended by chapter 732 2 of the laws of 2006, is amended to read as follows: 3 § 120.03 Vehicular assault in the second degree. 4 A person is guilty of vehicular assault in the second degree when he 5 or she causes: 6 1. serious physical injury to another person, and either: 7 [(1)] (a) operates a motor vehicle in violation of subdivision two, 8 three, four or four-a of section eleven hundred ninety-two of the vehi- 9 cle and traffic law or operates a vessel or public vessel in violation 10 of paragraph (b), (c), (d) or (e) of subdivision two of section forty- 11 nine-a of the navigation law, and as a result of such intoxication or 12 impairment by the use of a drug, or by the combined influence of drugs 13 or of alcohol and any drug or drugs, operates such motor vehicle, vessel 14 or public vessel in a manner that causes such serious physical injury to 15 such other person, or 16 [(2)](b) operates a motor vehicle with a gross vehicle weight rating 17 of more than eighteen thousand pounds which contains flammable gas, 18 radioactive materials or explosives in violation of subdivision one of 19 section eleven hundred ninety-two of the vehicle and traffic law, and 20 such flammable gas, radioactive materials or explosives is the cause of 21 such serious physical injury, and as a result of such impairment by the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06453-01-7S. 3299 2 1 use of alcohol, operates such motor vehicle in a manner that causes such 2 serious physical injury to such other person, or 3 [(3)] (c) operates a snowmobile in violation of paragraph (b), (c) or 4 (d) of subdivision one of section 25.24 of the parks, recreation and 5 historic preservation law or operates an all terrain vehicle as defined 6 in paragraph (a) of subdivision one of section twenty-two hundred eight- 7 y-one of the vehicle and traffic law and in violation of subdivision 8 two, three, four, or four-a of section eleven hundred ninety-two of the 9 vehicle and traffic law, and as a result of such intoxication or impair- 10 ment by the use of a drug, or by the combined influence of drugs or of 11 alcohol and any drug or drugs, operates such snowmobile or all terrain 12 vehicle in a manner that causes such serious physical injury to such 13 other person. 14 If it is established that the person operating such motor vehicle, 15 vessel, public vessel, snowmobile or all terrain vehicle caused such 16 serious physical injury while unlawfully intoxicated or impaired by the 17 use of alcohol or a drug, then there shall be a rebuttable presumption 18 that, as a result of such intoxication or impairment by the use of alco- 19 hol or a drug, or by the combined influence of drugs or of alcohol and 20 any drug or drugs, such person operated the motor vehicle, vessel, 21 public vessel, snowmobile or all terrain vehicle in a manner that caused 22 such serious physical injury, as required by this [section.] subdivi- 23 sion; or 24 2. serious physical injury to another person, while operating a motor 25 vehicle, knowing or having reason to know that his or her license to or 26 privilege to operate a motor vehicle is suspended or revoked pursuant to 27 subdivision two or two-a of section five hundred ten or subdivision one 28 or three of section five hundred ten-a of the vehicle and traffic law 29 for conduct relating to the operation of a motor vehicle, or knowing or 30 having reason to know that he or she is not licensed to operate a motor 31 vehicle on a public highway pursuant to the vehicle and traffic law. 32 Vehicular assault in the second degree is a class E felony. 33 § 2. The opening paragraph of section 120.04 of the penal law, as 34 amended by chapter 496 of the laws of 2009, is amended to read as 35 follows: 36 A person is guilty of vehicular assault in the first degree when he or 37 she commits the crime of vehicular assault in the second degree as 38 defined in subdivision one of section 120.03 of this article, and 39 either: 40 § 3. The penal law is amended by adding a new section 125.13-a to read 41 as follows: 42 § 125.13-a Vehicular homicide. 43 A person is guilty of vehicular homicide when he or she causes the 44 death of another person, while operating a motor vehicle, knowing or 45 having reason to know that his or her license to or privilege to operate 46 a motor vehicle is suspended or revoked pursuant to subdivision two or 47 two-a of section five hundred ten or subdivision one or three of section 48 five hundred ten-a of the vehicle and traffic law for conduct relating 49 to the operation of a motor vehicle, or knowing or having reason to know 50 that he or she is not licensed to operate a motor vehicle on a public 51 highway pursuant to the vehicle and traffic law. 52 Vehicular homicide is a class D felony. 53 § 4. This act shall take effect on the one hundred eightieth day after 54 it shall have become a law.
