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.
S T A T E O F N E W Y O R K
________________________________________________________________________
3097
2011-2012 Regular Sessions
I N A S S E M B L Y
January 24, 2011
___________
Introduced by M. of A. SPANO, MAYERSOHN, GABRYSZAK, BROOK-KRASNY, STEV-
ENSON -- Multi-Sponsored by -- M. of A. ABBATE, GALEF, HOOPER, WEISEN-
BERG -- 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 Subdivision 1 of section 125.13 of the penal law is REPEALED.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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