S T A T E O F N E W Y O R K
________________________________________________________________________
1177
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. SEMINERIO -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to vehicular manslaughter
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 125.12 of the penal law, as amended by chapter 732
of the laws of 2006, is amended to read as follows:
S 125.12 Vehicular manslaughter in the second degree.
A person is guilty of vehicular manslaughter in the second degree when
he or she causes the death of another person, and either:
(1) operates a motor vehicle in violation of subdivision two, three,
four or four-a of section eleven hundred ninety-two of the vehicle and
traffic law or operates a vessel or public vessel in violation of para-
graph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of
the navigation 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 alco-
hol and any drug or drugs, operates such motor vehicle, vessel or public
vessel in a manner that causes the death of such other person, or
(2) operates a motor vehicle with a gross vehicle weight rating of
more than eighteen thousand pounds which contains flammable gas, radio-
active materials or explosives in violation of subdivision one of
section eleven hundred ninety-two of the vehicle and traffic law, and
such flammable gas, radioactive materials or explosives is the cause of
such death, and as a result of such impairment by the use of alcohol,
operates such motor vehicle in a manner that causes the death of such
other person, or
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01677-01-9
A. 1177 2
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) VIOLATES SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION TWO OF
SECTION FIVE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW.
If it is established that the person operating such motor vehicle,
vessel, public vessel, snowmobile or all terrain vehicle caused such
death while unlawfully intoxicated or impaired by the use of alcohol or
a drug, 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, vessel, public vessel, snowmo-
bile or all terrain vehicle in a manner that caused such death, as
required by this section.
Vehicular manslaughter in the second degree is a class D felony.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.