|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to transportation|
|Jan 09, 2013||referred to transportation|
senate Bill S380
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S380 - Details
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violation and such person was previously convicted of two or more major traffic violations or such person's license was revoked.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
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
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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