Assembly Bill A8587

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

                                  8587

                          I N  A S S E M B L Y

                            January 24, 2014
                               ___________

Introduced  by  M. of A. MARKEY, LENTOL -- read once and referred to the
  Committee on Codes

AN ACT to amend the penal law,  in  relation  to  including  within  the
  offense  of  vehicular  assault  in  the second degree, the causing of
  serious injury or death while knowingly operating a motor vehicle with
  a revoked or suspended license or while not holding a 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:
  1. serious physical injury to another person, and either:
  [(1)]  (A)  operates  a motor vehicle in violation of subdivision two,
three, four or four-a of section eleven hundred ninety-two of the  vehi-
cle  and  traffic law or operates 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, 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 motor vehicle, vessel
or public vessel in a manner that causes such serious physical injury to
such other person, or
  [(2)](B)  operates  a motor vehicle with a gross vehicle weight rating
of more than eighteen thousand  pounds  which  contains  flammable  gas,
radioactive  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
use of alcohol, operates such motor vehicle in a manner that causes such
serious physical injury to such other person, or
  [(3)]  (C) 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

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

                                                           LBD13383-02-4

A. 8587                             2

in paragraph (a) of subdivision one of section twenty-two hundred eight-
y-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 impair-
ment  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.
  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.]  SUBDIVI-
SION; OR
  2. SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON, WHILE OPERATING
A  MOTOR  VEHICLE,  KNOWING  OR  HAVING  REASON  TO KNOW THAT HIS OR HER
LICENSE TO OR PRIVILEGE TO OPERATE  A  MOTOR  VEHICLE  IS  SUSPENDED  OR
REVOKED PURSUANT TO SUBDIVISION TWO OR THREE OF SECTION FIVE HUNDRED TEN
OR SECTION FIVE HUNDRED TEN-A OF THE VEHICLE AND TRAFFIC LAW FOR CONDUCT
RELATING  TO  THE  OPERATION  OF  A  MOTOR VEHICLE, OR KNOWING OR HAVING
REASON TO KNOW THAT HE OR SHE IS NOT DULY LICENSED PURSUANT  TO  ARTICLE
NINETEEN  OF THE VEHICLE AND TRAFFIC LAW OR IS A NON-RESIDENT WHO IS NOT
LICENSED TO OPERATE A MOTOR VEHICLE IN THE JURISDICTION IN WHICH  HE  OR
SHE RESIDES.
  Vehicular assault in the second degree is a class E felony.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.