senate Bill S5948

2013-2014 Legislative Session

Expands the definitions of vehicular assault in the first degree, vehicular assault in the second degree and reckless driving to include offenses involving use of a portable electronic device while driving

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • 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 codes
Oct 09, 2013 referred to rules

S5948 - Details

See Assembly Version of this Bill:
A9160
Law Section:
Penal Law
Laws Affected:
Amd §§120.03 & 120.04, Pen L; amd §1212, V & T L

S5948 - Summary

Expands the definitions of vehicular assault in the first degree, vehicular assault in the second degree and reckless driving to include offenses involving use of a portable electronic device while driving.

S5948 - Sponsor Memo

S5948 - Bill Text download pdf

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

                                  5948

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             October 9, 2013
                               ___________

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

AN ACT to amend the penal law, in relation to expanding the  definitions
  of  vehicular assault in the first degree and vehicular assault in the
  second degree to include offenses involving use of  a  portable  elec-
  tronic device while driving; and to amend the vehicle and traffic law,
  in relation to expanding the definition of reckless driving to include
  offenses involving use of a portable electronic device while driving

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

  Section 1. Section 120.03 of the penal law, as amended by chapter  732
of the laws of 2006, is amended to read as follows:
S 120.03 Vehicular assault in the second degree.
  A  person  is guilty of vehicular assault in the second degree when he
or she causes serious physical injury to another person, and [either]:
  (1) operates a motor vehicle in violation of subdivision  two,  three,
four  or  four-a of section eleven hundred ninety-two of the vehicle and
traffic law or operates a vessel or public vessel in violation of  para-
graph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of
the  navigation  law, and as a result of such intoxication or impairment
by the use of a drug, or by the combined influence of drugs or of  alco-
hol and any drug or drugs, operates such motor vehicle, vessel or public
vessel  in  a  manner  that  causes such serious physical injury to such
other person[,]; or
  (2) operates a motor vehicle with a gross  vehicle  weight  rating  of
more  than eighteen thousand pounds which contains flammable gas, radio-
active materials or  explosives  in  violation  of  subdivision  one  of
section  eleven  hundred  ninety-two of the vehicle and traffic law, and
such flammable gas, radioactive materials or explosives is the cause  of
such  serious physical injury, and as a result of such impairment by the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11910-01-3

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