senate Bill S577

2011-2012 Legislative Session

Creates the crime of vehicular manslaughter in the third degree

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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 05, 2011 referred to codes

Co-Sponsors

S577 - Bill Details

See Assembly Version of this Bill:
A9341
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §125.11-a, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S2492, A2035

S577 - Bill Texts

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Creates the crime of vehicular manslaughter in the third degree, a class E felony, wherein a person operates a motor vehicle negligently so that the lives or safety of the public might be endangered and by any such operation causes the death of another person.

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BILL NUMBER:S577 REVISED 02/15/12

TITLE OF BILL:
An act
to amend the penal law, in relation to vehicular manslaughter in the
third degree

PURPOSE OR GENERAL IDEA OF BILL:
Creates the crime of vehicular manslaughter in the third degree.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends the penal law by adding a new §125.11-a which
creates the crime of vehicular manslaughter in the third degree for
causing the death of a person because of the negligent operation of a
motor vehicle.
This crime would be a class E felony.

Section 2: establishes an effective date.

JUSTIFICATION:
This bill would mandate that the crime of vehicular manslaughter be
raised to the third degree. This bill was introduced to address the
situation where a negligent motorist injures others on the roadway,
especially those who are especially vulnerable to such injury because
they are riding a bicycle or are a pedestrian walking along the
roadside.
Further, no action by such a pedestrian or bicyclist can be taken to
completely protect themselves from a motorist that is not paying
attention to the road or their surroundings, and consequently
injurers such persons. The incidence of hit and run accidents between
motorists and pedestrians and bicyclists has been increasing in
suburban areas such as Westchester County and the northern Bronx.
This will should help to address this issue and allow all traffic to
equally use our state and local highways and roads.

PRIOR LEGISLATIVE HISTORY:
2007 - A.6322 - Referred to
2009 - S.2492 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                   577

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN, MAZIARZ -- 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 vehicular manslaughter  in
  the third degree

  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  125.11-a
to read as follows:
S 125.11-A VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE.
  A  PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE WHEN
HE OR SHE OPERATES A MOTOR VEHICLE NEGLIGENTLY SUCH THAT  THE  LIVES  OR
SAFETY  OF  THE  PUBLIC  BE  ENDANGERED AND BY SUCH OPERATION CAUSES THE
DEATH OF ANOTHER PERSON.
  VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE IS A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04767-01-1

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