NY State Senate Bill 2009-S6125

Senate Bill S6125

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 - In Senate Committee Transportation Committee

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
Jan 06, 2010	referred to transportation
Aug 12, 2009	referred to rules

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2009-S6125 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1193, V & T L; amd §§125.14 & 120.04-a, Pen L

2009-S6125 (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-S6125 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6125              REVISED 08/18/09

 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
vehicular 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 aggravated 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 Administration's
National Center for Statistics and Analysis in 2007, a total of 1,670
children age 14 and younger were killed in motor vehicle traffic
crashes. Of those 1,670 fatalities, 245 (15%) occurred in alcohol
impaired driving crashes. Out of those 245 deaths, more than half
(130) were occupants of a vehicle with a driver who had a SAC level of
.08 or higher. Another 29 children age 14 and younger who were killed
in traffic crashes in 2007 were pedestrians or pedalcyclists who were
struck by drivers with a SAC of .08 or higher.

Drunken Driving is a pervasive blight on our society which may have
far reaching negative effects on those lives it touches. Death,
parilization 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 :
None.

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

2009-S6125 (ACTIVE) - Bill Text download pdf

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

                                  6125

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             August 12, 2009
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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

S. 6125                             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

S. 6125                             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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