senate Bill S568

2011-2012 Legislative Session

Creates the felonies of aggravated vehicular assault and vehicular murder

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

S568 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add ยงยง120.09 & 125.30, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1198

S568 - Bill Texts

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Creates the felonies of aggravated vehicular assault and vehicular murder, to be Class C and Class B felonies, respectively.

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BILL NUMBER:S568

TITLE OF BILL:
An act
to amend
the penal law,
in relation to aggravated
vehicular assault and vehicular murder

PURPOSE:
To create stronger penalties for those who severely injure, or kill
people driving while intoxicated.

SUMMARY OF PROVISIONS:;
Establishes a new crime of "Aggravated Vehicular Assault." A person is
guilty of this crime when a person recklessly causes serious physical
injury to another person while operating a motor vehicle, vessel or
public vessel, snowmobile or all terrain vehicle while intoxicated or
under the influence of drugs. Aggravated vehicular assault is a class
C felony.

Establishes the new crime of "Vehicular Murder." A person is guilty of
this crime when a person recklessly causes the death of another
person while operating a motor vehicle, vessel or public vessel,
snowmobile, or all terrain vehicle while intoxicated or under the
influence of drugs.
Vehicular murder is a class B felony.

JUSTIFICATION:
A vehicle represents a deadly weapon when operated by a drunk driver.
Stronger penalties are created to deter people from driving while
intoxicated, and adequately punish those who severely injure, or kill
as a result.

LEGISLATIVE HISTORY:
06/10/08 PASSED-SENATE 06/10/08 Referred to Codes

FISCAL IMPLICATIONS:;
None.

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

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

                                   568

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- 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  aggravated  vehicular
  assault and vehicular murder

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

  Section 1.  The penal law is amended by adding a new section 120.09 to
read as follows:
S 120.09 AGGRAVATED VEHICULAR ASSAULT.
  A PERSON IS GUILTY OF AGGRAVATED VEHICULAR ASSAULT WHEN HE  RECKLESSLY
CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON BY OPERATION OF A VEHI-
CLE  IN  VIOLATION  OF  SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW OR BY OPERATION  OF  A
VESSEL  OR  PUBLIC VESSEL IN VIOLATION OF PARAGRAPH (B), (C), (D) OR (E)
OF SUBDIVISION TWO OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW  OR  BY
OPERATION  OF  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 BY OPERATION OF AN ALL TERRAIN VEHICLE AS DEFINED IN
PARAGRAPH   (A)   OF  SUBDIVISION  ONE  OF  SECTION  TWENTY-TWO  HUNDRED
EIGHTY-ONE OF THE VEHICLE AND TRAFFIC LAW IN  VIOLATION  OF  SUBDIVISION
TWO,  THREE  OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE
AND TRAFFIC LAW.
  AGGRAVATED VEHICULAR ASSAULT IS A CLASS C FELONY.
  S 2. The penal law is amended by adding a new section 125.30  to  read
as follows:
S 125.30 VEHICULAR MURDER.
  A  PERSON  IS GUILTY OF VEHICULAR MURDER WHEN HE RECKLESSLY CAUSES THE
DEATH OF ANOTHER PERSON BY OPERATION OF A VEHICLE IN VIOLATION OF SUBDI-
VISION TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED  NINETY-TWO  OF  THE
VEHICLE  AND TRAFFIC LAW OR BY OPERATION OF A VESSEL OR PUBLIC VESSEL IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01990-01-1

S. 568                              2

VIOLATION OF PARAGRAPH (B), (C), (D),  OR  (E)  OF  SUBDIVISION  TWO  OF
SECTION  FORTY-NINE-A OF THE NAVIGATION LAW OR BY OPERATION OF A SNOWMO-
BILE IN VIOLATION OF PARAGRAPH (B), (C) OR (D)  OF  SUBDIVISION  ONE  OF
SECTION  25.24 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW OR
BY OPERATION OF AN ALL TERRAIN VEHICLE AS DEFINED IN  PARAGRAPH  (A)  OF
SUBDIVISION  ONE OF SECTION TWENTY-TWO HUNDRED EIGHTY-ONE OF THE VEHICLE
AND TRAFFIC LAW IN VIOLATION  OF  SUBDIVISION  TWO,  THREE  OR  FOUR  OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW.
  VEHICULAR MURDER IS A CLASS B 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.

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