NY State Assembly Bill 2009-A9111

Assembly Bill A9111

2009-2010 Legislative Session

Relates to the operation of a motor vehicle while driving while impaired in certain circumstances and increasing the penalties therefor

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 14, 2009	enacting clause stricken
Aug 17, 2009	referred to transportation

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2009-A9111 (ACTIVE) - Details

See Senate Version of this Bill:: S6125
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1193, V & T L; amd §§125.14 & 120.04-a, Pen L

2009-A9111 (ACTIVE) - Summary

Relates to the operation of a motor vehicle while driving while impaired in certain circumstances; increases the penalties therefor; makes aggravated vehicular homicide a class B violent felony; makes aggravated vehicular assault a class C violent felony.

2009-A9111 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9111

TITLE OF BILL:  An act to amend the vehicle and traffic law and the
penal law, in relation to the operation of a motor vehicle while driving
while impaired in certain circumstances and increasing the penalties
therefor

PURPOSE: To amend the vehicle and traffic law and the penal law, in
relation to the operation of a motor vehicle while driving while
impaired with, causing serious injury to, or causing the death of a
person under the age of sixteen years and increasing the penalties
therefor

SUMMARY OF PROVISIONS:  Section 1: Amends section 1193 of the vehicle
and traffic law providing for a person who operates a vehicle while
under the influence with a passenger under the age of sixteen would be
guilty of a class E felony punishable by a fine of up to five thousand
dollars and or a period of imprisonment of up to four years.

Section 2: Amends section 125.14 of the penal law by adding new
subsection 7 to provide that a person who causes the death of a person
under the age of sixteen be charged with the crime of aggravated vehicu-
lar homicide and increases the penalty from a class B felony to a class
B violent felony.

Section 3: Amends section 120.04-a of the penal law by adding new

subsection 6 to provide that a person who causes serious physical injury
to a person under the age of sixteen be charged with the crime of aggra-
vated vehicular assault and increases the penalty from a class C felony
to a class C violent felony.

Section 4: Effective date

JUSTIFICATION:  According to the National Highway Traffic Safety Admin-
istration's National Center for Statistics and Analysis in 2004 a total
of 442 (21 %) of all fatalities among children 14 and younger occurred
in crashes involving alcohol. Of those 442, approximately half of those
killed were passengers in vehicles with drivers who had been drinking
with blood alcohol concentration (BAC) levels of .01 grams per deciliter
of higher. On average 500 children are killed annually in alcohol-relat-
ed traffic crashes where the adult driver was responsible for their
safety. Between 1985 and 1996 more than 5,500 children passengers died
as a result of alcohol related traffic crashes. In 64 percent of those
deaths, the child was riding as a passenger with-he drunk driver, and
almost two-thirds of those fatalities involved a parent-aged driver.
From 1994 - 2000 there where 12,409 alcohol-related deaths involving
children under the age of 14.

Drunken Driving is a pervasive blight on our society which may have far
reaching negative effects on those lives it touches. Death, pariliza-
tion, amputation, head trauma and disfigurement are common when a car
driven by a drunk driver is involved in an accident. As a society we

have already determined this to be a significant crime.  When an adult
who is responsible for the care of a child violates their obligation to
protect that child and drives while intoxicated they are committing a
crime that should be held as particularly despicable by society. For
this reason, it is imperative that we pass strict laws proclaiming that
this state will have no tolerance for such behavior and will punish
those offenders appropriately both for what they have done and to
discourage others.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: Increase in revenue for the state.

EFFECTIVE DATE:  The First of November next succeeding the date it shall
have become law.

2009-A9111 (ACTIVE) - Bill Text download pdf

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

                                  9111

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             August 17, 2009
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and  traffic  law  and  the  penal  law,  in
  relation  to  the  operation  of  a  motor vehicle while driving while
  impaired in certain circumstances and increasing the penalties  there-
  for

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

  Section 1. Subparagraph (i) of  paragraph  (c)  of  subdivision  1  of
section  1193  of the vehicle and traffic law, as amended by chapter 345
of the laws of 2007, is amended to read as follows:
  (i) A person who operates a vehicle in violation of  subdivision  two,
two-a,  three,  four  or  four-a of section eleven hundred ninety-two of
this article [after having] AND EITHER (A)  HAS  ANY  PASSENGER  IN  THE
VEHICLE  UNDER  THE  AGE  OF  SIXTEEN;  OR  (B)  HAS been convicted of a
violation of subdivision two, two-a,  three,  four  or  four-a  of  such
section  or  of  vehicular  assault  in  the  second or first degree, as
defined, respectively, in sections  120.03  and  120.04  and  aggravated
vehicular  assault as defined in section 120.04-a of the penal law or of
vehicular manslaughter in  the  second  or  first  degree,  as  defined,
respectively,  in  sections  125.12  and 125.13 and aggravated vehicular
homicide as defined in section 125.14 of such law, within the  preceding
ten years, shall be guilty of a class E felony, and shall be punished by
a fine of not less than one thousand dollars nor more than five thousand
dollars  or by a period of imprisonment as provided in the penal law, or
by both such fine and imprisonment.
  S 2. Section 125.14 of the penal law, as added by chapter 345  of  the
laws of 2007, is amended to read as follows:
S 125.14 Aggravated vehicular homicide.
  A  person  is  guilty  of aggravated vehicular homicide when he or she
engages in reckless driving as defined by section twelve hundred  twelve

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14624-03-9

A. 9111                             2

of  the  vehicle  and  traffic  law,  and commits the crime of vehicular
manslaughter in the second degree as defined in section 125.12  of  this
article, and either:
  (1)  commits  such  crimes  while operating a motor vehicle while such
person has .18 of one per centum or more by weight of  alcohol  in  such
person's  blood  as  shown  by chemical analysis of such person's blood,
breath, urine or saliva made pursuant to the provisions of section elev-
en hundred ninety-four of the vehicle and traffic law;
  (2) commits such crimes while knowing or having reason to  know  that:
(a)  his  or  her  license  or his or her privilege of operating a motor
vehicle in another state or his or her privilege of obtaining a  license
to  operate a motor vehicle in another state is suspended or revoked and
such suspension or revocation is based upon a conviction in  such  other
state for an offense which would, if committed in this state, constitute
a  violation  of any of the provisions of section eleven hundred ninety-
two of the vehicle and traffic law; or (b) his or her license or his  or
her  privilege  of operating a motor vehicle in this state or his or her
privilege of obtaining a license issued by  the  commissioner  of  motor
vehicles  is  suspended  or revoked and such suspension or revocation is
based upon either a refusal to submit to a  chemical  test  pursuant  to
section  eleven  hundred  ninety-four  of the vehicle and traffic law or
following a conviction for a violation  of  any  of  the  provisions  of
section eleven hundred ninety-two of the vehicle and traffic law;
  (3)  has  previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of  the  vehicle  and  traffic  law
within  the preceding ten years, provided that, for the purposes of this
subdivision, a conviction in any other  state  or  jurisdiction  for  an
offense  which, if committed in this state, would constitute a violation
of section eleven hundred ninety-two of the  vehicle  and  traffic  law,
shall be treated as a violation of such law;
  (4) causes the death of more than one other person;
  (5)  causes the death of one person and the serious physical injury of
at least one other person; [or]
  (6) has previously been convicted of violating any provision  of  this
article or article one hundred twenty of this title involving the opera-
tion  of  a motor vehicle, or was convicted in any other state or juris-
diction of an offense involving the operation of a motor vehicle  which,
if committed in this state, would constitute a violation of this article
or article one hundred twenty of this title; OR
  (7) CAUSES THE DEATH OF A PERSON UNDER THE AGE OF SIXTEEN.
  If  it  is  established  that  the person operating such motor vehicle
caused such death or deaths while unlawfully intoxicated or impaired  by
the  use  of alcohol or a drug, or by the combined influence of drugs or
of alcohol and any drug or drugs,  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 in
a  manner  that caused such death or deaths, as required by this section
and section 125.12 of this article.
  Aggravated vehicular homicide is a class B VIOLENT felony.
  S 3. Section 120.04-a of the penal law, as added by chapter 345 of the
laws of 2007, is amended to read as follows:
S 120.04-a Aggravated vehicular assault.
  A person is guilty of aggravated vehicular  assault  when  he  or  she
engages  in reckless driving as defined by section twelve hundred twelve
of the vehicle and traffic law,  and  commits  the  crime  of  vehicular

A. 9111                             3

assault  in the second degree as defined in section 120.03 of this arti-
cle, and either:
  (1)  commits  such  crimes  while operating a motor vehicle while such
person has .18 of one per centum or more by weight of  alcohol  in  such
person's  blood  as  shown  by chemical analysis of such person's blood,
breath, urine or saliva made pursuant to the provisions of section elev-
en hundred ninety-four of the vehicle and traffic law;
  (2) commits such crimes while knowing or having reason to  know  that:
(a)  his  or  her  license  or his or her privilege of operating a motor
vehicle in another state or his or her privilege of obtaining a  license
to  operate a motor vehicle in another state is suspended or revoked and
such suspension or revocation is based upon a conviction in  such  other
state for an offense which would, if committed in this state, constitute
a  violation  of any of the provisions of section eleven hundred ninety-
two of the vehicle and traffic law; or (b) his or her license or his  or
her  privilege  of operating a motor vehicle in this state or his or her
privilege of obtaining a license issued by  the  commissioner  of  motor
vehicles  is  suspended  or revoked and such suspension or revocation is
based upon either a refusal to submit to a  chemical  test  pursuant  to
section  eleven  hundred  ninety-four  of the vehicle and traffic law or
following a conviction for a violation  of  any  of  the  provisions  of
section eleven hundred ninety-two of the vehicle and traffic law;
  (3)  has  previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of  the  vehicle  and  traffic  law
within  the preceding ten years, provided that, for the purposes of this
subdivision, a conviction in any other  state  or  jurisdiction  for  an
offense  which, if committed in this state, would constitute a violation
of section eleven hundred ninety-two of the  vehicle  and  traffic  law,
shall be treated as a violation of such law;
  (4) causes serious physical injury to more than one other person; [or]
  (5)  has  previously been convicted of violating any provision of this
article or article one hundred twenty-five of this title  involving  the
operation  of  a  motor  vehicle, or was convicted in any other state or
jurisdiction of an offense involving the operation of  a  motor  vehicle
which,  if committed in this state, would constitute a violation of this
article or article one hundred twenty-five of this title; OR
  (6) CAUSES SERIOUS PHYSICAL INJURY  TO  A  PERSON  UNDER  THE  AGE  OF
SIXTEEN.
  If  it  is  established  that  the person operating such motor vehicle
caused such serious physical injury or injuries while unlawfully intoxi-
cated or impaired by the use of alcohol or a drug, or  by  the  combined
influence of drugs or of alcohol and any drug or drugs, 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  in  a manner that caused such serious physical injury or
injuries, as required by this section and section 120.03 of  this  arti-
cle.
  Aggravated vehicular assault is a class C VIOLENT felony.
  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.

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Assembly Bill A9111

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Sponsored By

WEISENBERG

Archive: Last Bill Status - Stricken

co-Sponsors

William Colton

Nelson Castro

Audrey Pheffer

Ginny Fields

multi-Sponsors

Clifford Crouch

RoAnn Destito

James Hayes

William Magee

2009-A9111 (ACTIVE) - Details

2009-A9111 (ACTIVE) - Summary

2009-A9111 (ACTIVE) - Sponsor Memo

2009-A9111 (ACTIVE) - Bill Text download pdf

Comments