senate Bill S380

2013-2014 Legislative Session

Provides that a person is guilty of vehicular homicide when such person causes the death of another person by operation of a motor vehicle

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

S380 - Bill Details

See Assembly Version of this Bill:
A4076
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง1212-a, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6934, A483
2009-2010: A3894

S380 - Bill Texts

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Provides that a person is guilty of vehicular homicide when such person causes the death of another person by operation of a motor vehicle when such death was caused committing a major traffic violation and such person was previously convicted of two or more major traffic violations or such person's license was revoked.

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BILL NUMBER:S380

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to determining when a
person is guilty of vehicular homicide

PURPOSE OR GENERAL IDEA OF BILL:
To further criminalize dangerous
driving which violates the vehicle and traffic law and results in the
death of another.

SUMMARY OF SPECIFIC PROVISIONS:
A new section 1212-a is added to the
vehicle and traffic law that would make it a class E felony for a
driver to commit a "major traffic violation" that causes the death of
another person: (1) while having a driving record that includes
committing at least two major traffic violations within the eighteen
month period leading up to the violation which killed the person; or
(2) while driving with a license revoked as a result of having been
previously convicted of a homicide or assault arising out of the
operation of a motor vehicle or motorcycle or criminal negligence in
operation of such a vehicle which resulted in death.

The term "major traffic violation" is defined as leaving the scene of
a personal injury accident, failing to obey a traffic signal, failing
to obey a signal indicating the approach of a train, failing to stop
at a stop sign, overtaking and passing a school bus, speeding in
excess of twenty miles per hour over the limit, engaging in a speed
contest, reckless driving and driving while intoxicated or ability
impaired by drugs.

JUSTIFICATION:
Currently, the criminal law requires that in order for
a driver to be convicted of criminally negligent homicide (a class E
felony), the driver's conduct must satisfy the standard of criminal
negligence. As a result, there are individuals who have a record of
repeated, extremely dangerous driving that renders them hazardous to
the public, but when they kill others they cannot be prosecuted. This
new crime is a means of attending to the chronically dangerous driver
who might otherwise not be subject to a felony prosecution under
current law even through the driver kills another as a result of
violating the vehicle and traffic law, because the conduct that
results in death was not the result of criminal negligence.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.6934/A.483 Referred to Transportation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
The ninetieth day after it becomes law.


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

                                   380

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  determining
  when a person is guilty of vehicular homicide

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

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 1212-a to read as follows:
  S 1212-A. VEHICULAR HOMICIDE. A PERSON IS GUILTY OF VEHICULAR HOMICIDE
WHEN  HE  OR  SHE  CAUSES  THE DEATH OF ANOTHER PERSON BY OPERATION OF A
MOTOR VEHICLE WHEN SUCH DEATH WAS CAUSED BY  SUCH  PERSON  COMMITTING  A
MAJOR TRAFFIC VIOLATION; AND
  (A)  SUCH  PERSON  HAS  PREVIOUSLY BEEN CONVICTED OF TWO OR MORE MAJOR
TRAFFIC VIOLATIONS ON AT LEAST TWO SEPARATE OCCASIONS WITHIN  THE  IMME-
DIATELY PRECEDING EIGHTEEN MONTHS; OR
  (B)  AT  THE  TIME SUCH PERSON IS OPERATING SUCH MOTOR VEHICLE, HIS OR
HER LICENSE IS REVOKED PURSUANT TO SUBPARAGRAPH (I) OF  PARAGRAPH  A  OF
SUBDIVISION  TWO  OF  SECTION  FIVE HUNDRED TEN OF THIS CHAPTER AND SUCH
PERSON KNOWS OR HAS REASON TO KNOW THAT HIS OR HER LICENSE HAS  BEEN  SO
REVOKED.
  FOR PURPOSES OF THIS SECTION, THE TERM "MAJOR TRAFFIC VIOLATION" SHALL
MEAN  THE  OPERATION  OF  A MOTOR VEHICLE IN VIOLATION OF ANY ONE OF THE
FOLLOWING PROVISIONS OF THIS CHAPTER: SUBDIVISION  TWO  OF  SECTION  SIX
HUNDRED,  SECTION ELEVEN HUNDRED ELEVEN, SECTION ELEVEN HUNDRED SEVENTY,
SUBDIVISION (A) OF SECTION ELEVEN HUNDRED  SEVENTY-TWO,  SECTION  ELEVEN
HUNDRED SEVENTY-FOUR, SUBDIVISIONS (A), (B), (C), (D) AND (F) OF SECTION
ELEVEN  HUNDRED  EIGHTY  PROVIDED  THAT THE VIOLATION INVOLVED TWENTY OR
MORE MILES PER HOUR OVER THE ESTABLISHED LIMIT, SECTION  ELEVEN  HUNDRED
EIGHTY-TWO,  AND  SECTION TWELVE HUNDRED TWELVE. THE TERM "MAJOR TRAFFIC
VIOLATION" SHALL ALSO INCLUDE A VIOLATION OF SUBDIVISION TWO,  THREE  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02432-01-3

S. 380                              2

FOUR  OF  SECTION  ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, AS WELL AS
ANY VIOLATION OF THE PENAL LAW THAT INCLUDES  AS  ONE  OF  ITS  ELEMENTS
PROOF  THAT SUCH PERSON VIOLATED ANY ONE OF SUCH SUBDIVISIONS. VEHICULAR
HOMICIDE IS A CLASS E FELONY.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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