senate Bill S1194A

2013-2014 Legislative Session

Relates to vehicular assault and vehicular manslaughter

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 04, 2013 referred to codes
delivered to assembly
passed senate
Jun 03, 2013 advanced to third reading
May 30, 2013 2nd report cal.
May 29, 2013 1st report cal.772
Mar 06, 2013 print number 1194a
amend and recommit to codes
Jan 09, 2013 referred to codes

Votes

view votes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

view additional co-sponsors

S1194 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§120.03-a & 125.12-a, amd §§120.03, 120.04 & 125.12, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1835
2009-2010: S4168, S7081A

S1194 - Summary

Establishes the class E felony of vehicular assault in the third degree; redefines the requirements for a violation of vehicular assault in the second degree; expands the offenses of vehicular assault and vehicular manslaughter; and establishes the class D felony of vehicular manslaughter in the third degree.

S1194 - Sponsor Memo

S1194 - Bill Text download pdf

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

                                  1194

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. FLANAGAN, LARKIN, 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  assault  and
  vehicular manslaughter

  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  120.03-a
to read as follows:
S 120.03-A VEHICULAR ASSAULT IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF VEHICULAR ASSAULT IN THE THIRD DEGREE WHEN HE OR
SHE:
  (1) CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON BY OPERATION OF A
VEHICLE, AND KNOWS OR HAS REASON TO KNOW THAT: (A) HIS OR HER LICENSE OR
PRIVILEGE  OF  OPERATING  A MOTOR VEHICLE IN ANOTHER STATE OR HIS OR HER
PRIVILEGE OF OBTAINING A LICENSE TO OPERATE A MOTOR VEHICLE  IN  ANOTHER
STATE  IS  SUSPENDED  OR REVOKED; (B) HIS OR HER LICENSE OR PRIVILEGE OF
OPERATING A MOTOR VEHICLE IN THE STATE,  OR  HIS  OR  HER  PRIVILEGE  OF
OBTAINING  A  LICENSE  ISSUED  BY  THE COMMISSIONER OF MOTOR VEHICLES IS
SUSPENDED OR REVOKED; OR (C) HE OR SHE IS NOT DULY LICENSED PURSUANT  TO
SECTION FIVE HUNDRED TWO OF THE VEHICLE AND TRAFFIC LAW, OR
  (2) CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON BY OPERATION OF A
VEHICLE  WHEN:  (A)  SUCH SERIOUS PHYSICAL INJURY WAS CAUSED IN WHOLE OR
SUBSTANTIAL PART BY THE ACTOR'S VIOLATION OF  ANY  SECTION  OR  SECTIONS
CONTAINED  WITHIN TITLE SEVEN OF THE VEHICLE AND TRAFFIC LAW, OTHER THAN
SECTION ELEVEN HUNDRED NINETY-TWO OF SUCH TITLE, AND (B) THE  ACTOR  HAS
PREVIOUSLY  BEEN  CONVICTED  OF TWO OR MORE VIOLATIONS OF ANY SECTION OR
SECTIONS CONTAINED WITHIN TITLE SEVEN OF THE VEHICLE AND TRAFFIC LAW  ON
AT  LEAST  TWO  SEPARATE DATES WITHIN THE IMMEDIATELY PRECEDING EIGHTEEN
MONTHS, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05663-01-3

Co-Sponsors

view additional co-sponsors

S1194A (ACTIVE) - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§120.03-a & 125.12-a, amd §§120.03, 120.04 & 125.12, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1835
2009-2010: S4168, S7081A

S1194A (ACTIVE) - Summary

Establishes the class E felony of vehicular assault in the third degree; redefines the requirements for a violation of vehicular assault in the second degree; expands the offenses of vehicular assault and vehicular manslaughter; and establishes the class D felony of vehicular manslaughter in the third degree.

S1194A (ACTIVE) - Sponsor Memo

S1194A (ACTIVE) - Bill Text download pdf

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

                                 1194--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  FLANAGAN,  LARKIN,  MAZIARZ, RANZENHOFER, SAVINO,
  ZELDIN -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to  the  Committee  on  Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  penal law, in relation to vehicular assault and
  vehicular manslaughter

  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 120.03-a
to read as follows:
S 120.03-A VEHICULAR ASSAULT IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF VEHICULAR ASSAULT IN THE THIRD DEGREE WHEN HE OR
SHE:
  (1) CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON BY OPERATION OF A
VEHICLE, AND KNOWS OR HAS REASON TO KNOW THAT: (A) HIS OR HER LICENSE OR
PRIVILEGE OF OPERATING A MOTOR VEHICLE IN ANOTHER STATE OR  HIS  OR  HER
PRIVILEGE  OF  OBTAINING A LICENSE TO OPERATE A MOTOR VEHICLE IN ANOTHER
STATE IS SUSPENDED OR REVOKED; (B) HIS OR HER LICENSE  OR  PRIVILEGE  OF
OPERATING  A  MOTOR  VEHICLE  IN  THE  STATE, OR HIS OR HER PRIVILEGE OF
OBTAINING A LICENSE ISSUED BY THE  COMMISSIONER  OF  MOTOR  VEHICLES  IS
SUSPENDED  OR REVOKED; OR (C) HE OR SHE IS NOT DULY LICENSED PURSUANT TO
SECTION FIVE HUNDRED TWO OF THE VEHICLE AND TRAFFIC LAW, OR
  (2) CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON BY OPERATION OF A
VEHICLE WHEN: (A) SUCH SERIOUS PHYSICAL INJURY WAS CAUSED  IN  WHOLE  OR
SUBSTANTIAL  PART  BY  THE  ACTOR'S VIOLATION OF ANY SECTION OR SECTIONS
CONTAINED WITHIN TITLE SEVEN OF THE VEHICLE AND TRAFFIC LAW, OTHER  THAN
SECTION  ELEVEN  HUNDRED NINETY-TWO OF SUCH TITLE, AND (B) THE ACTOR HAS
PREVIOUSLY BEEN CONVICTED OF TWO OR MORE VIOLATIONS OF  ANY  SECTION  OR
SECTIONS  CONTAINED WITHIN TITLE SEVEN OF THE VEHICLE AND TRAFFIC LAW ON

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.