Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 05, 2013 |
referred to codes |
Senate Bill S4030
2013-2014 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2013-S4030 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6386
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§125.14 & 120.04-a, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
A2645
2017-2018: A4917
2019-2020: A3986
2013-S4030 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4030 TITLE OF BILL: An act to amend the penal law, in relation to leaving the scene of a motor vehicle accident that caused the death of a person or persons PURPOSE: This bill provides that a person who leaves the scene of a motor vehicle accident that caused the death of a person or persons shall be presumed to have had a blood alcohol content of .18. SUMMARY OF PROVISIONS: This bill creates the presumption that, when the operator of a motor vehicle is involved in an accident that causes the death of another person, and then flees the scene of such accident, that driver is presumed to have been intoxicated with a .18 blood alcohol content. The second section of this bill creates the presumption that, when the operator of a motor vehicle is involved in an accident that causes serious physical injury to another person, and then flees the scene of such accident, that driver is presumed to have been intoxicated with a .18 blood alcohol content. JUSTIFICATION: This bill fixes a loophole in the penal law that actually rewards drunk drivers who cause an accident and flee the scene until they
2013-S4030 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4030 2013-2014 Regular Sessions I N S E N A T E March 5, 2013 ___________ Introduced by Sen. ADAMS -- 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 leaving the scene of a motor vehicle accident that caused the death of a person or persons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The second undesignated paragraph of section 125.14 of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows: 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. IF THE PERSON OPERATING SUCH MOTOR VEHICLE LEAVES THE SCENE OF THE ACCIDENT THAT RESULTED IN THE DEATH DESCRIBED IN THIS ARTICLE IN THE MANNER DEFINED IN SUBDIVISION TWO OF SECTION SIX HUNDRED OF THE VEHICLE AND TRAFFIC LAW, THEN HE OR SHE IS PRESUMED TO HAVE BEEN OPERATING THE 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, AT THE TIME OF SUCH ACCIDENT. S 2. The second undesignated paragraph of section 120.04-a of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09596-01-3
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