senate Bill S3365

Makes vehicular manslaughter in the first and second degrees, class B and class C felonies, respectively

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / Feb / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Makes vehicular manslaughter in the first and second degrees, class B and class C felonies, respectively.

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Bill Details

Versions:
S3365
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง125.12 & 125.13, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S4930

Sponsor Memo

BILL NUMBER:S3365

TITLE OF BILL: An act to amend the penal law, in relation to making
vehicular manslaughter in the first and second degrees class B and class
C felonies, respectively

PURPOSE OF BILL: To deter people from deliberately intoxicating them-
selves before operating a motor vehicle.

SUMMARY OF PROVISIONS:

Section 1: Amends closing paragraph of section 125.12 of the Penal Law,
equating vehicular manslaughter in the second degree to a class C felo-
ny.

Section 2: Amends closing paragraph of section 125.13 of the Penal Law,
equating vehicular manslaughter in the first degree to a class B felony.

Section 3: Effective date of bill.

JUSTIFICATION: Vehicle manslaughter is the killing of another human
without intent or malice through means of a motor vehicle. When a person
deliberately intoxicates themselves through drugs or alcohol and oper-
ates a motor vehicle, that person has committed a premeditated act. The
motor vehicle itself becomes as deadly as a gun.

Just recently in Lewiston, NY, a motorcyclists, passenger was thrown
from the motorcycle following a collision with a pick-up truck. The
driver of the motorcycle was found to be intoxicated and suffered minor
injuries. The passenger died as a result of being thrown from the motor-
cycle following the collision.

The true tragedy of vehicular murder is that innocent people are
murdered, just like the passenger on the motorcycle. Vehicular tragedies
often cause multiple deaths, and the National Highway Traffic Safety
Administration (NHTSA) has a voluminous amount of statistics regarding
"death by auto". A 2008 New York state analytical report showed 27t of
fatal crashes caused by alcohol-impaired drivers. In addition, a 2007
National Roadside Survey (IRS) (the first of its kind to estimate a
national representation of the prevalence of potentially impairing drug
use by drivers) determined 16t of nighttime drivers were found to be
drug positive. Most commonly detected drugs were marijuana, cocaine and
methamphetamine. A little over 2% of drivers on weekend nights were
found to have an illegal blood alcohol content (.08 or more).

When comparing fatalities between drugs and alcohol, drug-impaired driv-
ing happens far more. It is sad to know innocent lives are being taken
away by inappropriate and reckless actions of intoxicated and/or drug-
impaired drivers where preventive measures could be established. By
increasing both felonies one class, it is our intent to deter people
from deliberately intoxicating themselves and operating a motor vehicle.

LEGISLATIVE HISTORY: 2011-2012: S.4930 Referred to Codes Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Shall take effect on the first of November next
succeeding the date it shall become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3365

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- 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  making  vehicular
  manslaughter in the first and second degrees class B and class C felo-
  nies, respectively

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The closing paragraph of section 125.12 of the  penal  law,
as  amended  by  chapter  732 of the laws of 2006, is amended to read as
follows:
  Vehicular manslaughter in the second degree is a class [D] C felony.
  S 2.  The closing paragraph of section 125.13 of  the  penal  law,  as
amended  by  chapter  496  of  the  laws  of 2009, is amended to read as
follows:
  Vehicular manslaughter in the first degree is a class [C] B felony.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08331-01-3

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