senate Bill S1256

2011-2012 Legislative Session

Increases the penalty for vehicular manslaughter to a class A-I felony

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 06, 2011 referred to codes

Co-Sponsors

S1256 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §125.12, rpld §125.13, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S4694A

S1256 - Bill Texts

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Increases the penalties of vehicular manslaughter to a class A-I felonies.

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BILL NUMBER:S1256

TITLE OF BILL:
An act
to amend the penal law, in relation to the crime of vehicular
manslaughter, and to repeal certain provisions of the penal law
relating thereto

PURPOSE OR GENERAL IDEA OF BILL:
Equating vehicular manslaughter to the maximum allowable fine based on
the premise of putting others in harm way when knowingly one
intoxicates themselves through drugs and alcohol.

SUMMARY OF PROVISIONS:
This legislation would amend section 125.12 of the penal law,
classifying vehicular manslaughter in the second degree as an A-I
felony from a class D, and repeal section 125.13 of the penal law.

JUSTIFICATION:
Vehicle manslaughter is the killing of another human without intent or
malice through means of a motor vehicle. When a person deliberately
intoxicates themselves through drugs or alcohol and operates a motor
vehicle, that person has committed a premeditated act. The motor
vehicle itself becomes as deadly as a gun.

The true tragedy of vehicular murder is that innocent people are
murdered. Vehicular tragedies often cause multiple deaths, and the
National Highway Traffic Safety Administration (NHTSA) has a
voluminous amount of statistics regarding "death by auto". A 2008
New York State analytical report showed 27% of fatal crashes caused
by alcohol-impaired drivers. A 2007 National Roadside Survey (NRS),
the first of its kind to estimate a national representation of the
prevalence of potentially impairing drug use by drivers, determined
16% of nighttime drivers were found to be drug positive.
Most commonly detected drugs were marijuana, cocaine and
methamphetamine. A little over 2% of drivers on weekend nights were
found to have an illegal blood alcohol content (.08 or more). When
comparing fatalities between drugs and alcohol, drug-impaired driving
happens far more.

For innocent lives are taken away by the inappropriate and reckless
actions of intoxicated and/or drug-impaired drivers, and the concept
that these actions can be prevented by mind over matter, we strongly
believe amending the penal law to equate vehicular manslaughter to
the highest felony is in the best interests of all motorists and
pedestrians within New York State.

LEGISLATIVE HISTORY:
2009-2010: S.4694 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Act shall take effect on the ninetieth day after it shall have become
a law.


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

                                  1256

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by Sens. ADDABBO, HUNTLEY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to  the  crime  of  vehicular
  manslaughter, and to repeal certain provisions of the penal law relat-
  ing thereto

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

  Section 1. The section heading, opening paragraph  and  closing  para-
graph  of  section 125.12 of the penal law, as amended by chapter 732 of
the laws of 2006, are amended to read as follows:
  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:
  Vehicular manslaughter [in the second degree] is a class [D] A-I felo-
ny.
  S 2. Section 125.13 of the penal law is REPEALED.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01388-01-1

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