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

                                 3275--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by  M.  of  A. SWEENEY, GALEF, HOOPER, MILLMAN, ENGLEBRIGHT,
  GIBSON, BENEDETTO -- Multi-Sponsored by -- M.  of  A.  BOYLE,  FITZPA-
  TRICK, GUNTHER, MONTESANO, MURRAY, REILLY -- read once and referred to
  the  Committee on Codes -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in  relation  to  penalties  for  causing
  serious injury or death while knowingly operating a motor vehicle with
  a revoked or suspended license

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

  Section 1. Section 120.03 of the penal law, as amended by chapter  732
of the laws of 2006, is amended to read as follows:
S 120.03 Vehicular assault in the second degree.
  A  person  is guilty of vehicular assault in the second degree when he
or she causes serious physical injury to 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 such serious physical injury to 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  serious physical injury, and as a result of such impairment by the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02886-05-1

              

A. 3275--A                          2

use of alcohol, operates such motor vehicle in a manner that causes such
serious physical injury to 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
the  vehicle and traffic law and 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 such serious physical injury to such other person[.],
OR
  (4) CAUSES SUCH SERIOUS PHYSICAL INJURY BY OPERATION OF A MOTOR  VEHI-
CLE  WHILE  KNOWING  OR HAVING REASON TO KNOW THAT HIS OR HER LICENSE OR
PRIVILEGE OF OPERATING A MOTOR VEHICLE IS SUSPENDED OR REVOKED  PURSUANT
TO  PROVISIONS OF SUBDIVISIONS TWO AND TWO-A OF SECTION FIVE HUNDRED TEN
AND SUBDIVISIONS ONE AND THREE OF SECTION  FIVE  HUNDRED  TEN-A  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
serious  physical injury 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 alco-
hol  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, snowmobile or all terrain vehicle in a manner that caused
such serious physical injury, as required by this section.
  Vehicular assault in the second degree is a class E felony.
  S 2. 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
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

A. 3275--A                          3

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)  CAUSES  THE  DEATH  OF  SUCH OTHER PERSON BY OPERATION OF A MOTOR
VEHICLE WHILE KNOWING OR HAVING REASON TO KNOW THAT HIS OR  HER  LICENSE
OR PRIVILEGE OF OPERATING A MOTOR VEHICLE IS SUSPENDED OR REVOKED PURSU-
ANT  TO PROVISIONS OF SUBDIVISIONS TWO AND TWO-A OF SECTION FIVE HUNDRED
TEN AND SUBDIVISIONS ONE AND THREE OF SECTION FIVE HUNDRED TEN-A 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 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.