senate Bill S4058

2013-2014 Legislative Session

Establishes the crime vehicular manslaughter in the third degree, a class E felony

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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
Mar 06, 2013 referred to codes

S4058 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง125.11-a, Pen L

S4058 - Bill Texts

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Establishes the crime vehicular manslaughter in the third degree, a class E felony.

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BILL NUMBER:S4058

TITLE OF BILL: An act to amend the penal law, in relation to
establishing the crime vehicle manslaughter in the third degree, a
class E felony

PURPOSE GENERAL IDEA OF BILL: To enact the "Stephen Fay Act"
establishing that, at minimum, anyone driving unlicensed, or with a
suspended license that causes a death of another in a motor vehicle
accident shall be guilty of a class E felony,

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 states that this act shall be cited as the "Stephen Fay
Act."

Section 2 amends the penal law by adding a new section 125.11-a which
establishes the crime of vehicular manslaughter in the third degree,
which shall be a class E felony. A person is guilty of vehicular
manslaughter in the third degree when they cause the death of another
while operating a motor vehicle while their license or privilege is
suspended or revoked.

Section 3 sets the effective date

JUSTIFICATION: On June 5, 2012, just shy of his 20th Birthday, Stephen
Fay was killed in an automobile accident with a person operating a
motor vehicle with a suspended license.

This bill, titled in honor of Stephen, will establish a mandatory
minimum Class E felony charge for individuals who's driving privileges
have been suspended or revoked that are the cause of an accident
resulting in the death of another driver, in an effort to prevent
tragic occurrences like Stephen Fay's from happening in the future.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the one hundred
twentieth day after it shall become law.

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

                                  4058

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 6, 2013
                               ___________

Introduced  by  Sen. MARTINS -- 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  establishing  the  crime
  vehicle manslaughter in the third degree, a class E felony

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

  Section 1. This act shall be known and may be cited  as  the  "Stephen
Fay act".
  S 2. The penal law is amended by adding a new section 125.11-a to read
as follows:
S 125.11-A VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE.
  A  PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE WHEN
HE OR SHE CAUSES THE DEATH OF ANOTHER PERSON  WHILE  OPERATING  A  MOTOR
VEHICLE  IN  VIOLATION  OF SUBDIVISION ONE, TWO OR THREE OF SECTION FIVE
HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW.
  VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE IS A CLASS E FELONY.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08827-02-3

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