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Assembly Bill A3894

2009-2010 Legislative Session

Provides that a person is guilty of vehicular homicide when such person causes the death of another person by operation of a motor vehicle

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Archive: Last Bill Status - In Assembly Committee

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2009-A3894 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง1212-a, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: A483
2013-2014: A4076
2015-2016: A2947
2017-2018: A4594

2009-A3894 (ACTIVE) - Summary

Provides that a person is guilty of vehicular homicide when such person causes the death of another person by operation of a motor vehicle when such death was caused committing a major traffic violation and such person was previously convicted of two or more major traffic violations or such person's license was revoked.

2009-A3894 (ACTIVE) - Bill Text download pdf 

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

                                  3894

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of  A. LENTOL, JOHN, EDDINGTON, BRADLEY, CANESTRARI,
  CARROZZA, HOYT, KOON, ENGLEBRIGHT, PAULIN -- Multi-Sponsored by --  M.
  of  A.  SWEENEY,  TOWNS,  WEISENBERG  -- read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  determining
  when a person is guilty of vehicular homicide

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

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 1212-a to read as follows:
  S 1212-A. VEHICULAR HOMICIDE. A PERSON IS GUILTY OF VEHICULAR HOMICIDE
WHEN  HE  OR  SHE  CAUSES  THE DEATH OF ANOTHER PERSON BY OPERATION OF A
MOTOR VEHICLE WHEN SUCH DEATH WAS CAUSED BY  SUCH  PERSON  COMMITTING  A
MAJOR TRAFFIC VIOLATION; AND
  (A)  SUCH  PERSON  HAS  PREVIOUSLY BEEN CONVICTED OF TWO OR MORE MAJOR
TRAFFIC VIOLATIONS ON AT LEAST TWO SEPARATE OCCASIONS WITHIN  THE  IMME-
DIATELY PRECEDING EIGHTEEN MONTHS; OR
  (B)  AT  THE  TIME SUCH PERSON IS OPERATING SUCH MOTOR VEHICLE, HIS OR
HER LICENSE IS REVOKED PURSUANT TO SUBPARAGRAPH (I) OF  PARAGRAPH  A  OF
SUBDIVISION  TWO  OF SECTION FIVE HUNDRED TEN OF THE VEHICLE AND TRAFFIC
LAW AND SUCH PERSON KNOWS OR HAS REASON TO KNOW THAT HIS OR HER  LICENSE
HAS BEEN SO REVOKED.
  FOR PURPOSES OF THIS SECTION, THE TERM "MAJOR TRAFFIC VIOLATION" SHALL
MEAN  THE  OPERATION  OF  A MOTOR VEHICLE IN VIOLATION OF ANY ONE OF THE
FOLLOWING PROVISIONS OF THIS CHAPTER: SUBDIVISION  TWO  OF  SECTION  SIX
HUNDRED,  SECTION ELEVEN HUNDRED ELEVEN, SECTION ELEVEN HUNDRED SEVENTY,
SUBDIVISION (A) OF SECTION ELEVEN HUNDRED  SEVENTY-TWO,  SECTION  ELEVEN
HUNDRED SEVENTY-FOUR, SUBDIVISIONS (A), (B), (C), (D) AND (F) OF SECTION
ELEVEN  HUNDRED  EIGHTY  PROVIDED  THAT THE VIOLATION INVOLVED TWENTY OR
MORE MILES PER HOUR OVER THE ESTABLISHED LIMIT, SECTION  ELEVEN  HUNDRED
EIGHTY-TWO,  AND SECTION TWELVE HUNDRED TWELVE OF THIS CHAPTER. THE TERM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05902-01-9

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