senate Bill S5603

Relates to vehicular manslaughter in the second degree

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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

  • 24 / May / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Relates to vehicular manslaughter in the second degree.

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Bill Details

See Assembly Version of this Bill:
A7279
Versions:
S5603
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง125.12, Pen L

Sponsor Memo

BILL NUMBER:S5603

TITLE OF BILL: An act to amend the penal law, in relation to
vehicular manslaughter in the second degree

PURPOSE: This bill would increase the penalty of vehicular
manslaughter and in addition to fines and one to two hundred hour
community service, it would also require the individual to take a
driving safety course.

SUMMARY PROVISIONS

Section 1. Subdivision 3 of section 125.12 of the penal law, as
amended by chapter 732 of the laws of 2006, is amended and a new
subdivision 4 is added to read as follows: Any person that operates a
snowmobile in violation of paragraph (b),

(c) or (d) of subdivision one of section 26.24 of the parks,
recreation and historic preservation law or operates an all terrain
vehicles as defined in paragraph (a) of subdivision one of section
twenty-two hundred eighty-one of the vehicle and traffic law in
violation of subdivision two, three, four, or four-a of section eleven
hundred ninety-two of the vehicle and traffic law, and as a result of
such intoxication or impairment by he use of a drug, or by the
combined influence of drugs or of alcohol and any drug or drugs,
operates such snowmobile or all terrain vehicle in a manner that
causes the death of such other person, or

(4) operates A motor vehicle in violation of section twelve hundred
twelve of the vehicle and traffic law, and as a, result of such
reckless driving causes the death of such other person. In addition to
the penalty-and/or fine established in this section for such violation
any person guilty of violating this subdivision shall also complete a
traffic safety course and complete one to two hundred hours of
community service.

JUSTIFICATION: Amending the 2nd degree vehicular manslaughter law to
include vehicular. deaths caused by careless or reckless driving,
regardless of intent, and that a driver convicted of causing death or
serious physical injury must complete a traffic safety course and
100-200 hours of community service.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be
Determined.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  5603

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 24, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- 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 vehicular manslaughter  in
  the second degree

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

  Section 1. Subdivision 3 of  section  125.12  of  the  penal  law,  as
amended  by chapter 732 of the laws of 2006, is amended and a new subdi-
vision 4 is added to read as follows:
  (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision one of section 25.24 of the parks, recreation  and  historic
preservation  law or operates an all terrain vehicle as defined in para-
graph (a) of subdivision one of section twenty-two hundred eighty-one of
the vehicle and traffic law in  violation  of  subdivision  two,  three,
four,  or four-a of section eleven hundred ninety-two of the vehicle and
traffic law, and as a result of such intoxication or impairment  by  the
use  of  a drug, or by the combined influence of drugs or of alcohol and
any drug or drugs, operates such snowmobile or all terrain vehicle in  a
manner that causes the death of such other person[.], OR
  (4)  OPERATES  A  MOTOR VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
TWELVE OF THE VEHICLE AND TRAFFIC LAW, AND AS A RESULT OF SUCH  RECKLESS
DRIVING CAUSES THE DEATH OF SUCH OTHER PERSON. IN ADDITION TO THE PENAL-
TY  AND/OR  FINE  ESTABLISHED  IN  THIS  SECTION FOR SUCH VIOLATION, ANY
PERSON GUILTY OF VIOLATING THIS SUBDIVISION SHALL ALSO COMPLETE A  TRAF-
FIC SAFETY COURSE AND COMPLETE TWO HUNDRED HOURS OF COMMUNITY SERVICE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10567-01-3

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