Bill Text: NY S05727 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to increasing the class for certain vehicular crimes and enacting Kane's law; increases the class of vehicular manslaughter in the first and second degrees, aggravated vehicular homicide, and aggravated unlicensed operation in the first degree.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S05727 Detail]

Download: New_York-2023-S05727-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5727

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 15, 2023
                                       ___________

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the penal law  and  the  vehicle  and  traffic  law,  in
          relation  to  increasing  the  class  for certain vehicular crimes and
          enacting Kane's law

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  "Kane's Law".
     3    § 2. The second undesignated paragraph of section 125.12 of the  penal
     4  law,  as  amended by chapter 732 of the laws of 2006, is amended to read
     5  as follows:
     6    Vehicular manslaughter in the second degree is a class [D] C felony.
     7    § 3. The second undesignated paragraph of section 125.13 of the  penal
     8  law,  as  amended by chapter 496 of the laws of 2009, is amended to read
     9  as follows:
    10    Vehicular manslaughter in the first degree is a class [C] B felony.
    11    § 4. The second undesignated paragraph of section 125.14 of the  penal
    12  law,  as  amended by chapter 496 of the laws of 2009, is amended to read
    13  as follows:
    14    Aggravated vehicular homicide is a class [B] A-2 felony.
    15    § 5. Paragraph (b) of subdivision 3 of section 511 of the vehicle  and
    16  traffic  law,  as separately amended by chapters 786 and 892 of the laws
    17  of 1990, is amended to read as follows:
    18    (b) Aggravated unlicensed operation of a motor vehicle  in  the  first
    19  degree  is  a  class  [E]  D  felony. When a person is convicted of this
    20  crime, the sentence of the court must be: (i) a fine in  an  amount  not
    21  less  than five hundred dollars nor more than five thousand dollars; and
    22  (ii) a term of imprisonment as provided in the penal law, or (iii) where
    23  appropriate and a term of imprisonment is not required by the penal law,
    24  a sentence of probation as provided in subdivision six of this  section,
    25  or (iv) a term of imprisonment as a condition of a sentence of probation
    26  as provided in the penal law.
    27    § 6. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04940-01-3