senate Bill S4772

Amended

Relates to aggravated vehicular homicide

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Co-Sponsors

Bill Status


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

  • 23 / Apr / 2013
    • REFERRED TO CODES
  • 05 / Jun / 2013
    • 1ST REPORT CAL.1160
  • 10 / Jun / 2013
    • 2ND REPORT CAL.
  • 11 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2013
    • PASSED SENATE
  • 12 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 09 / Jan / 2014
    • AMEND AND RECOMMIT TO CODES
  • 09 / Jan / 2014
    • PRINT NUMBER 4772A
  • 20 / May / 2014
    • 1ST REPORT CAL.902
  • 21 / May / 2014
    • 2ND REPORT CAL.
  • 28 / May / 2014
    • ADVANCED TO THIRD READING
  • 03 / Jun / 2014
    • PASSED SENATE
  • 03 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 03 / Jun / 2014
    • REFERRED TO CODES

Summary

Relates to aggravated vehicular homicide where a person commits the crime of vehicular manslaughter in the second degree and has previously been convicted three times of violating any provisions of section 1192 of the vehicle and traffic law within the preceding ten years.

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Bill Details

See Assembly Version of this Bill:
A7112
Versions:
S4772
S4772A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง125.14, Pen L

Sponsor Memo

BILL NUMBER:S4772

TITLE OF BILL: An act to amend the penal law, in relation to
aggravated vehicular homicide

PURPOSE: This bill elevates the crime of vehicular manslaughter to
aggravated vehicular homicide when the person who commits vehicular
manslaughter has already been convicted of driving under the influence
3 previous times.

SUMMARY OF PROVISIONS:

Section 1 amends section 125.14 of the penal law to include 3 previous
convictions of driving while under the influence as a factor to
increase the crime of vehicular manslaughter to aggravated vehicular
homicide.

Section 2 sets the effective date as the first of November next
succeeding the date on which it shall have become law

JUSTIFICATION: Jocelyn Elberson, 25, and Sheila Pelton, 81 were
killed when a man lost control of his motorcycle while driving under
the influence. The man operating the motorcycle had 4 DWI arrests in
New York, a DWI in Florida, and another in Ohio. While one previous
conviction is enough to raise the crime of vehicular manslaughter in
the second degree to vehicular manslaughter in the first degree, there
is no additional sentencing enhancement for those individuals who
serially operate motor vehicles while under the influence. This bill
creates increased penalties for those individuals who serially operate
motor vehicles under the influence when such action causes the death
of others.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: First of November next succeeding the date on which
it shall have become law.

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

                                  4772

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 23, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- 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 aggravated vehicular homi-
  cide

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

  Section  1. Section 125.14 of the penal law, as amended by chapter 496
of the laws of 2009, is amended to read as follows:
S 125.14 Aggravated vehicular homicide.
  A person is guilty of aggravated vehicular homicide  when  he  or  she
EITHER:
  (1)  engages  in reckless driving as defined by section twelve hundred
twelve of the vehicle and traffic law, and commits the crime of  vehicu-
lar  manslaughter  in  the second degree as defined in section 125.12 of
this article, and either:
  [(1)] (A) commits such crimes while operating a  motor  vehicle  while
such  person  has  .18 of one per centum or more by weight of alcohol in
such person's blood as shown  by  chemical  analysis  of  such  person's
blood,  breath,  urine  or  saliva  made  pursuant  to the provisions of
section eleven hundred ninety-four of the vehicle and traffic law;
  [(2)] (B) commits such crimes while knowing or having reason  to  know
that:  [(a)] (I) his or her license or his or her privilege of operating
a motor vehicle in another state or his or her privilege of obtaining  a
license  to  operate  a  motor  vehicle in another state is suspended or
revoked and such suspension or revocation is based upon a conviction  in
such other state for an offense which would, if committed in this state,
constitute  a  violation  of  any  of  the  provisions of section eleven
hundred ninety-two of the vehicle and traffic law; or [(b)] (II) his  or
her license or his or her privilege of operating a motor vehicle in this
state  or  his  or  her  privilege  of obtaining a license issued by the
commissioner of motor vehicles is suspended or revoked and such  suspen-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10139-01-3

S. 4772                             2

sion  or revocation is based upon either a refusal to submit to a chemi-
cal test pursuant to section eleven hundred ninety-four of  the  vehicle
and  traffic law or following a conviction for a violation of any of the
provisions of section eleven hundred ninety-two of the vehicle and traf-
fic law;
  [(3)]  (C)  has  previously  been  convicted  of  violating any of the
provisions of section eleven hundred ninety-two of the vehicle and traf-
fic law within the preceding ten years, provided that, for the  purposes
of this subdivision, a conviction in any other state or jurisdiction for
an  offense  which,  if  committed  in  this  state,  would constitute a
violation of section eleven hundred ninety-two of the vehicle and  traf-
fic law, shall be treated as a violation of such law;
  [(4)] (D) causes the death of more than one other person;
  [(5)]  (E)  causes  the  death  of one person and the serious physical
injury of at least one other person;
  [(6)] (F) has previously been convicted of violating any provision  of
this  article  or article one hundred twenty of this title involving the
operation of a motor vehicle, or was convicted in  any  other  state  or
jurisdiction  of  an  offense involving the operation of a motor vehicle
which, if committed in this state, would constitute a violation of  this
article or article one hundred twenty of this title; or
  [(7)]  (G)  commits such crime while operating a motor vehicle while a
child who is fifteen years of age or less is a passenger in  such  motor
vehicle and causes the death of such child[.]; OR
  (2)  COMMITS  THE CRIME OF VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE
AS DEFINED IN SECTION 125.12 OF THIS ARTICLE, AND  HAS  PREVIOUSLY  BEEN
CONVICTED  THREE  TIMES  OF  VIOLATING  ANY PROVISIONS OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW WITHIN  THE  PRECEDING
TEN  YEARS,  PROVIDED  THAT,  FOR  THE  PURPOSES  OF THIS SUBDIVISION, A
CONVICTION IN ANY OTHER STATE OR JURISDICTION FOR AN OFFENSE  WHICH,  IF
COMMITTED  IN THIS STATE, WOULD CONSTITUTE A VIOLATION OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, SHALL BE TREATED AS A
VIOLATION OF SUCH LAW.
  If it is established that the  person  operating  such  motor  vehicle
caused  such death or deaths while unlawfully intoxicated or impaired by
the use of alcohol or a drug, or by the combined influence of  drugs  or
of  alcohol  and  any  drug  or  drugs, then there shall be a rebuttable
presumption that, as a result of such intoxication or impairment by  the
use  of  alcohol  or a drug, or by the combined influence of drugs or of
alcohol and any drug or drugs, such person operated the motor vehicle in
a manner that caused such death or deaths, as required by  this  section
and section 125.12 of this article.
  Aggravated vehicular homicide is a class B felony.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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