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.