Requires the imposition of a determinate sentence of imprisonment for conviction of vehicular assault in the second degree, vehicular assault in the first degree, aggravated vehicular assault, vehicular manslaughter in the second degree, vehicular manslaughter in the first degree or aggravated vehicular homicide.
BILL NUMBER:A10948
TITLE OF BILL: An act to amend the penal law, in relation to
designating vehicular assaults and vehicular manslaughters and
homicides as violent felonies and requiring the imposition of a
determinate sentence of imprisonment
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to allow
judges the authority to impose determinate sentences for the crimes of
vehicular assault, vehicular manslaughter, or vehicular manslaughter.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends paragraphs (a), (b),
(c) and (d) of subdivision 1 of section 70.02 of the penal law to
include aggravated vehicular homicide as a Class B violent felony;
vehicular manslaughter in the first degree and aggravated vehicular
assault as Class C violent felonies; vehicular assault in the first
degree and vehicular manslaughter in the second degree as Class D
violent felonies; and, vehicular assault in the second degree as a
Class E violent felony.
Section 2 amends paragraph (b) of subdivision 2 of section 70.02 of
the penal law to require determinant sentencing for vehicular assault
in the first degree, vehicular manslaughter in the second degree, and
vehicular assault in the second degree, except at provided in
subdivision 6 of section 60.05 of the penal law.
S T A T E O F N E W Y O R K
________________________________________________________________________
10948
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 designating vehicular
assaults and vehicular manslaughters and homicides as violent felonies
and requiring the imposition of a determinate sentence of imprisonment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 70.02 of the penal law, paragraph (a) as amended by chapter 320
of the laws of 2006, paragraph (b) as separately amended by chapters 764
and 765 of the laws of 2005, and paragraphs (c) and (d) as amended by
chapter 7 of the laws of 2007, are amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class
A-I felonies of murder in the second degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; AGGRAVATED
VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14, manslaughter in the
first degree as defined in section 125.20, aggravated manslaughter in
the first degree as defined in section 125.22, rape in the first degree
as defined in section 130.35, criminal sexual act in the first degree as
defined in section 130.50, aggravated sexual abuse in the first degree
as defined in section 130.70, course of sexual conduct against a child
in the first degree as defined in section 130.75; assault in the first
degree as defined in section 120.10, kidnapping in the second degree as
defined in section 135.20, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
robbery in the first degree as defined in section 160.15, incest in the
first degree as defined in section 255.27, criminal possession of a
weapon in the first degree as defined in section 265.04, criminal use of
a firearm in the first degree as defined in section 265.09, criminal
sale of a firearm in the first degree as defined in section 265.13,
aggravated assault upon a police officer or a peace officer as defined
in section 120.11, gang assault in the first degree as defined in
section 120.07, intimidating a victim or witness in the first degree as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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