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

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

S380 - Details

See Assembly Version of this Bill:
A4076
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 - Summary

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violation and such person was previously convicted of two or more major traffic violations or such person's license was revoked.

S380 - Sponsor Memo

S380 - Bill Text download pdf

                    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.

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