BILL NUMBER:A10963
TITLE OF BILL: An act to amend the penal law, in relation to
requiring the sentences of imprisonment for convictions of driving
under the influence of alcohol or drugs related to assault and
homicide offenses committed through the same act or omission to run
consecutively; and to repeal certain provisions of such law relating
to multiple injuries and death
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to allow
judges the authority to impose consecutive sentences when a single
criminal act of vehicular assault, vehicular manslaughter, or
vehicular manslaughter leads to multiple fatalities or injuries.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the opening paragraph
of subdivision 1 of section 70.25 of the penal law to include
subdivision 6 among its exclusions.
Section 2 amends section 70,25 of the penal law by adding a new
subdivision 6 to impose a consecutive sentence for each count of
vehicular assault in the second degree, vehicular assault in the rust
degree, aggravated vehicular assault. vehicular manslaughter in the
second degree, vehicular manslaughter in the first degree, and
aggravated vehicular homicide.
Section 3 repeals subdivision 4 of section 120,04 of the penal law.
S T A T E O F N E W Y O R K
________________________________________________________________________
10963
I N A S S E M B L Y
May 5, 2010
___________
Introduced by M. of A. BALL -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to requiring the sentences of
imprisonment for convictions of driving under the influence of alcohol
or drugs related to assault and homicide offenses committed through
the same act or omission to run consecutively; and to repeal certain
provisions of such law relating to multiple injuries and death
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 1 of section 70.25 of
the penal law, as amended by chapter 372 of the laws of 1981, is amended
to read as follows:
Except as provided in subdivisions two, two-a [and], five AND SIX of
this section, when multiple sentences of imprisonment are imposed on a
person at the same time, or when a person who is subject to any undisc-
harged term of imprisonment imposed at a previous time by a court of
this state is sentenced to an additional term of imprisonment, the
sentence or sentences imposed by the court shall run either concurrently
or consecutively with respect to each other and the undischarged term or
terms in such manner as the court directs at the time of sentence. If
the court does not specify the manner in which a sentence imposed by it
is to run, the sentence shall run as follows:
S 2. Section 70.25 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
6. WHEN A PERSON IS CONVICTED OF A COUNT OF VEHICULAR ASSAULT IN THE
SECOND DEGREE, AS DEFINED IN SECTION 120.03 OF THIS CHAPTER, VEHICULAR
ASSAULT IN THE FIRST DEGREE, AS DEFINED IN SECTION 120.04 OF THIS CHAP-
TER, AGGRAVATED VEHICULAR ASSAULT, AS DEFINED IN SECTION 120.04-A OF
THIS CHAPTER, VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE, AS DEFINED IN
SECTION 125.12 OF THIS CHAPTER, VEHICULAR MANSLAUGHTER IN THE FIRST
DEGREE, AS DEFINED IN SECTION 125.13 OF THIS CHAPTER, OR AGGRAVATED
VEHICULAR HOMICIDE, AS DEFINED IN SECTION 125.14 OF THIS CHAPTER, A TERM
OF IMPRISONMENT SHALL BE IMPOSED AS A SENTENCE UPON SUCH CONVICTION,
WHICH SHALL RUN CONSECUTIVELY TO ANY OTHER TERM OF IMPRISONMENT IMPOSED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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