senate Bill S1915

2013-2014 Legislative Session

Increases the penalty for vehicular manslaughter to a class A-I felony; repealer

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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 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S1915 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §125.12, rpld §125.13, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1256
2009-2010: S4694A

S1915 - Bill Texts

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Increases the penalties of vehicular manslaughter to a class A-I felonies.

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BILL NUMBER:S1915

TITLE OF BILL: An act to amend the penal law, in relation to the crime
of vehicular manslaughter, and to repeal certain provisions of the penal
law relating thereto

PURPOSE OR GENERAL IDEA OF BILL: Equating vehicular manslaughter to the
maximum allowable fine based on the premise of putting others in harm
way when knowingly one intoxicates themselves through drugs and alcohol.

SUMMARY OF PROVISIONS: This legislation would amend section 125.12 of
the penal law, classifying vehicular manslaughter in the second degree
as an A-I felony from a class D, and repeal section 125.13 of the penal
law.

JUSTIFICATION: Vehicle manslaughter is the killing of another human
without intent or malice through means of a motor vehicle. When a person
deliberately intoxicates themselves through drugs or alcohol and oper-
ates a motor vehicle, that person has committed a premeditated act. The
motor vehicle itself becomes as deadly as a gun.

The true tragedy of vehicular murder is that innocent people are
murdered. Vehicular tragedies often cause multiple deaths, and the
National Highway Traffic Safety Administration (NHTSA) has a voluminous
amount of statistics regarding "death by auto". A 2008 New York State
analytical report showed 27-9s of fatal crashes caused by alcohol-im-
paired drivers. A 2007 National Roadside Survey (NRS), the first of its
kind to estimate a national representation of the prevalence of poten-
tially impairing drug use by drivers, determined 16 of nighttime drivers
were found to be drug positive. Most commonly detected drugs were mari-
juana, cocaine and methamphetamine. A little over 25e of drivers on
weekend nights were found to have an illegal blood alcohol content (.08
or more). When comparing fatalities between drugs and alcohol, drug-im-
paired driving happens far more.

For innocent lives are taken away by the inappropriate and reckless
actions of intoxicated and/or drug-impaired drivers, and the concept
that these actions can be prevented by mind over matter, we strongly
believe amending the penal law to equate vehicular manslaughter to the
highest felony is in the best interests of all motorists and pedestrians
within New York State.

LEGISLATIVE HISTORY: 2009-2010: S.4694 - Referred to Codes 2011-2012:
S.1256 - Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Act shall take effect on the ninetieth day after it
shall have become a law.

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

                                  1915

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- 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  the  crime  of  vehicular
  manslaughter, and to repeal certain provisions of the penal law relat-
  ing thereto

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

  Section 1. The section heading, opening paragraph  and  closing  para-
graph  of  section 125.12 of the penal law, as amended by chapter 732 of
the laws of 2006, are amended to read as follows:
  Vehicular manslaughter [in the second degree].
  A person is guilty of vehicular manslaughter [in  the  second  degree]
when he or she causes the death of another person, and either:
  Vehicular manslaughter [in the second degree] is a class [D] A-I felo-
ny.
  S 2. Section 125.13 of the penal law is REPEALED.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04963-01-3

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