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Assembly Bill A5356

2009-2010 Legislative Session

Enacts "Johnny Lopez law" to include commission of aggravated driving while intoxicated within depraved indifference for purposes of murder in the second; repealer

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Archive: Last Bill Status - In Assembly Committee

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2009-A5356 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Rpld §125.13 sub 1, amd §125.25, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A3097

2009-A5356 (ACTIVE) - Summary

Enacts the "Johnny Lopez law" to include the commission of aggravated driving while intoxicated (BAC .18 or more) within the meaning of "circumstances evincing a depraved indifference to human life" for purposes of the class A-I felony of murder in the second degree; creates a rebuttable presumption that the commission of aggravated driving while intoxicated is reckless conduct which creates a grave risk of death to another person; eliminates reference to aggravated driving while intoxicated from the class C felony of vehicular manslaughter in the first degree.

2009-A5356 (ACTIVE) - Bill Text download pdf 

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

                                  5356

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A.  SPANO, MAYERSOHN, GABRYSZAK, BROOK-KRASNY --
  Multi-Sponsored by -- M.  of A. ABBATE, GALEF, HOOPER,  WEISENBERG  --
  read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to enacting the "Johnny Lopez
  law"; and to repeal subdivision 1 of section 125.13 of such law relat-
  ing to vehicular manslaughter in the first degree

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Johnny Lopez law".
  S 2. Subdivision 1 of section 125.13 of the penal law is REPEALED.
  S  3.  Subdivision 2 of section 125.25 of the penal law, as amended by
chapter 791 of the laws of 1967, is amended to read as follows:
  2. Under circumstances evincing a depraved indifference to human life,
he OR SHE recklessly engages in conduct which creates a  grave  risk  of
death to another person, and thereby causes the death of another person.
FOR THE PURPOSES OF THIS SUBDIVISION, "CIRCUMSTANCES EVINCING A DEPRAVED
INDIFFERENCE  TO HUMAN LIFE" SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
THE OPERATION OF A MOTOR VEHICLE IN VIOLATION OF  SUBDIVISION  TWO-A  OF
SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF  THE  VEHICLE  AND TRAFFIC LAW.
PROVIDED FURTHER THAT IF IT IS ESTABLISHED THAT THE  PERSON  OPERATED  A
MOTOR  VEHICLE  IN  VIOLATION OF SUCH SUBDIVISION, THEN THERE SHALL BE A
REBUTTABLE PRESUMPTION, THAT AS A RESULT OF SUCH VIOLATION, SUCH  PERSON
ENGAGED  IN  RECKLESS  CONDUCT  WHICH  CREATES  A GRAVE RISK OF DEATH TO
ANOTHER PERSON; or
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
  REPEAL NOTE.--Subdivision 1  of  section  125.13  of  the  penal  law,
proposed  to be repealed by section two of this act, includes within the
class C felony of  vehicular  manslaughter  in  the  first  degree,  the
commission of vehicular manslaughter in the second degree while having a
blood/alcohol content of .18 of one per centum or greater.

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

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