Bill Text: NY S06934 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that a person is guilty of vehicular homicide when such person causes the death of another person by operation of a motor vehicle when such death was caused committing a major traffic violation and such person was previously convicted of two or more major traffic violations or such person's license was revoked.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-04-13 - REFERRED TO TRANSPORTATION [S06934 Detail]

Download: New_York-2011-S06934-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6934
                                   I N  S E N A T E
                                    April 13, 2012
                                      ___________
       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to  determining
         when a person is guilty of vehicular homicide
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    2  section 1212-a to read as follows:
    3    S 1212-A. VEHICULAR HOMICIDE. A PERSON IS GUILTY OF VEHICULAR HOMICIDE
    4  WHEN  HE  OR  SHE  CAUSES  THE DEATH OF ANOTHER PERSON BY OPERATION OF A
    5  MOTOR VEHICLE WHEN SUCH DEATH WAS CAUSED BY  SUCH  PERSON  COMMITTING  A
    6  MAJOR TRAFFIC VIOLATION; AND
    7    (A)  SUCH  PERSON  HAS  PREVIOUSLY BEEN CONVICTED OF TWO OR MORE MAJOR
    8  TRAFFIC VIOLATIONS ON AT LEAST TWO SEPARATE OCCASIONS WITHIN  THE  IMME-
    9  DIATELY PRECEDING EIGHTEEN MONTHS; OR
   10    (B)  AT  THE  TIME SUCH PERSON IS OPERATING SUCH MOTOR VEHICLE, HIS OR
   11  HER LICENSE IS REVOKED PURSUANT TO SUBPARAGRAPH (I) OF  PARAGRAPH  A  OF
   12  SUBDIVISION  TWO  OF  SECTION  FIVE HUNDRED TEN OF THIS CHAPTER AND SUCH
   13  PERSON KNOWS OR HAS REASON TO KNOW THAT HIS OR HER LICENSE HAS  BEEN  SO
   14  REVOKED.
   15    FOR PURPOSES OF THIS SECTION, THE TERM "MAJOR TRAFFIC VIOLATION" SHALL
   16  MEAN  THE  OPERATION  OF  A MOTOR VEHICLE IN VIOLATION OF ANY ONE OF THE
   17  FOLLOWING PROVISIONS OF THIS CHAPTER: SUBDIVISION  TWO  OF  SECTION  SIX
   18  HUNDRED,  SECTION ELEVEN HUNDRED ELEVEN, SECTION ELEVEN HUNDRED SEVENTY,
   19  SUBDIVISION (A) OF SECTION ELEVEN HUNDRED  SEVENTY-TWO,  SECTION  ELEVEN
   20  HUNDRED SEVENTY-FOUR, SUBDIVISIONS (A), (B), (C), (D) AND (F) OF SECTION
   21  ELEVEN  HUNDRED  EIGHTY  PROVIDED  THAT THE VIOLATION INVOLVED TWENTY OR
   22  MORE MILES PER HOUR OVER THE ESTABLISHED LIMIT, SECTION  ELEVEN  HUNDRED
   23  EIGHTY-TWO,  AND  SECTION TWELVE HUNDRED TWELVE. THE TERM "MAJOR TRAFFIC
   24  VIOLATION" SHALL ALSO INCLUDE A VIOLATION OF SUBDIVISION TWO,  THREE  OR
   25  FOUR  OF  SECTION  ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, AS WELL AS
   26  ANY VIOLATION OF THE PENAL LAW THAT INCLUDES  AS  ONE  OF  ITS  ELEMENTS
   27  PROOF  THAT SUCH PERSON VIOLATED ANY ONE OF SUCH SUBDIVISIONS. VEHICULAR
   28  HOMICIDE IS A CLASS E FELONY.
   29    S 2. This act shall take effect on the ninetieth day  after  it  shall
   30  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03481-01-1