Bill Text: NY S06386 | 2013-2014 | General Assembly | Introduced

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Bill Title: Includes in the class E felony of vehicular assault in the second degree, the causing of serious physical injury or death to another person, while operating a motor vehicle with a suspended or revoked license, or if he or she is unlicensed.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2014-04-29 - DEFEATED IN CODES [S06386 Detail]

Download: New_York-2013-S06386-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6386
                                   I N  S E N A T E
                                   January 21, 2014
                                      ___________
       Introduced  by Sen. GIANARIS -- 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 or death while knowingly operating a motor vehicle with
         a revoked or suspended license or while not holding a license
         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  S 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
   22  use of alcohol, operates such motor vehicle in a manner that causes such
   23  serious physical injury to such other person, or
   24    [(3)]  (C) operates a snowmobile in violation of paragraph (b), (c) or
   25  (d) of subdivision one of section 25.24 of  the  parks,  recreation  and
   26  historic  preservation law or operates an all terrain vehicle as defined
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13383-02-4
       S. 6386                             2
    1  in paragraph (a) of subdivision one of section twenty-two hundred eight-
    2  y-one of the vehicle and traffic law and  in  violation  of  subdivision
    3  two,  three, four, or four-a of section eleven hundred ninety-two of the
    4  vehicle and traffic law, and as a result of such intoxication or impair-
    5  ment  by  the use of a drug, or by the combined influence of drugs or of
    6  alcohol and any drug or drugs, operates such snowmobile or  all  terrain
    7  vehicle  in  a  manner  that causes such serious physical injury to such
    8  other person.
    9    If it is established that the person  operating  such  motor  vehicle,
   10  vessel,  public  vessel,  snowmobile  or all terrain vehicle caused such
   11  serious physical injury while unlawfully intoxicated or impaired by  the
   12  use  of  alcohol or a drug, then there shall be a rebuttable presumption
   13  that, as a result of such intoxication or impairment by the use of alco-
   14  hol or a drug, or by the combined influence of drugs or of  alcohol  and
   15  any  drug  or  drugs,  such  person  operated the motor vehicle, vessel,
   16  public vessel, snowmobile or all terrain vehicle in a manner that caused
   17  such serious physical injury, as required by  this  [section.]  SUBDIVI-
   18  SION; OR
   19    2. SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON, WHILE OPERATING
   20  A  MOTOR  VEHICLE,  KNOWING  OR  HAVING  REASON  TO KNOW THAT HIS OR HER
   21  LICENSE TO OR PRIVILEGE TO OPERATE  A  MOTOR  VEHICLE  IS  SUSPENDED  OR
   22  REVOKED PURSUANT TO SUBDIVISION TWO OR THREE OF SECTION FIVE HUNDRED TEN
   23  OR SECTION FIVE HUNDRED TEN-A OF THE VEHICLE AND TRAFFIC LAW FOR CONDUCT
   24  RELATING  TO  THE  OPERATION  OF  A  MOTOR VEHICLE, OR KNOWING OR HAVING
   25  REASON TO KNOW THAT HE OR SHE IS NOT DULY LICENSED PURSUANT  TO  ARTICLE
   26  NINETEEN  OF THE VEHICLE AND TRAFFIC LAW OR IS A NON-RESIDENT WHO IS NOT
   27  LICENSED TO OPERATE A MOTOR VEHICLE IN THE JURISDICTION IN WHICH  HE  OR
   28  SHE RESIDES.
   29    Vehicular assault in the second degree is a class E felony.
   30    S 2. This act shall take effect on the one hundred eightieth day after
   31  it shall have become a law.