senate Bill S6386

2013-2014 Legislative Session

Includes in the class E felony of vehicular assault in the second degree, the causing of serious physical injury or death while operating a vehicle with suspended, revoked or no license

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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
Apr 29, 2014 defeated in codes
Mar 06, 2014 notice of committee consideration - requested
Jan 21, 2014 referred to codes

Votes

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Apr 29, 2014 - Codes committee Vote

S6386
7
8
committee
7
Aye
8
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Codes Committee Vote: Apr 29, 2014

aye wr (1)

Co-Sponsors

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S6386 - Bill Details

See Assembly Version of this Bill:
A8587
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง120.03, Pen L

S6386 - Bill Texts

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Includes in the class E felony of vehicular assault in the second degree, the causing of serious physical injury or death to another person, while operating a motor vehicle with a suspended or revoked license, or if he or she is unlicensed.

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BILL NUMBER:S6386 REVISED 1/23/14

TITLE OF BILL: An act to amend the penal law, in relation to
including within the offense of vehicular assault in the second
degree, the causing of serious injury or death while knowingly
operating a motor vehicle with a revoked or suspended license or while
not holding a license

PURPOSE: Includes in a class E felony of vehicular assault in the
second degree, the causing of serious physical injury or death while
operating a vehicle with suspended, revoked or no license.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends Section 120.03 of the penal law to
provide a person is guilty of vehicular assault in the second degree
when he or she causes serious physical injury or death to another
person by operation of a motor vehicle while knowing or having reason
to know that his or her license or privilege of operating a motor
vehicle is suspended or revoked pursuant to subdivision two or three
of section five hundred ten or five hundred ten-a of the vehicle and
traffic law; or he or she is not duly licensed.

Section two of the bill is the effective date.

JUSTIFICATION: In recent months, more attention has been paid to the
fact that drivers with suspended licenses in New York State are still
getting behind the wheel - and killing people. Ten percent of all
crashes in New York are caused by drivers with suspended or revoked
licenses, and 75 percent of those drivers still get behind the wheel.

Often, these drivers are suspended for reasons related to traffic
safety. They are a menace to not only pedestrians like Noshat Nahian,
the eight year old third grader at PS 152 who lost his life when he
was hit by a tractor trailer while crossing Northern Boulevard at 61st
Street, but also to other drivers on the road. Licenses are suspended
for a reason: these people should not be behind the wheel of a
vehicle.

It is illegal to drive a vehicle on a street or highway without a
valid driver's license. The right to operate a motor vehicle is
granted by the state, and its use depends upon the motorist complying
with the conditions prescribed in granting the license.

While we can't turn back the clock on past accidents due to driving
with a suspended license, we can make it more difficult for people to
engage in this activity in the future. We must redouble our efforts to
make our streets safer, including bringing chronically reckless
drivers to justice.

This legislation would make it a class E felony for drivers who drive
unlicensed or with a revoked/suspended license and kill or seriously
injure someone in the process. This crime would carry a sentence of up
to four years in prison.

PRIOR LEGISLATIVE HISTORY: New Bill


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act should take effect on the one hundred
eightieth day after it shall have become a law.

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

                                  6386

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by Sen. GIANARIS -- 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  including  within  the
  offense  of  vehicular  assault  in  the second degree, the causing of
  serious injury or death while knowingly operating a motor vehicle with
  a revoked or suspended license or while not holding a license

  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:
  1. serious physical injury to another person, and either:
  [(1)]  (A)  operates  a motor vehicle in violation of subdivision two,
three, four or four-a of section eleven hundred ninety-two of the  vehi-
cle  and  traffic law or operates a vessel or public vessel in violation
of paragraph (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 alcohol 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)](B)  operates  a motor vehicle with a gross vehicle weight rating
of more than eighteen thousand  pounds  which  contains  flammable  gas,
radioactive  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
use of alcohol, operates such motor vehicle in a manner that causes such
serious physical injury to such other person, or
  [(3)]  (C) operates a snowmobile in violation of paragraph (b), (c) or
(d) of subdivision one of section 25.24 of  the  parks,  recreation  and
historic  preservation law or operates an all terrain vehicle as defined

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13383-02-4

S. 6386                             2

in paragraph (a) of subdivision one of section twenty-two hundred eight-
y-one of the vehicle and traffic law and  in  violation  of  subdivision
two,  three, four, or four-a of section eleven hundred ninety-two of the
vehicle and traffic law, and as a result of such intoxication or impair-
ment  by  the use of a drug, or by the combined influence of drugs or of
alcohol and any drug or drugs, operates such snowmobile or  all  terrain
vehicle  in  a  manner  that causes such serious physical injury to such
other person.
  If it is established that the person  operating  such  motor  vehicle,
vessel,  public  vessel,  snowmobile  or all terrain vehicle caused such
serious physical injury while unlawfully intoxicated or impaired by  the
use  of  alcohol or a drug, then there shall be a rebuttable presumption
that, as a result of such intoxication or impairment by the use of alco-
hol or a drug, or by the combined influence of drugs or of  alcohol  and
any  drug  or  drugs,  such  person  operated the motor vehicle, vessel,
public vessel, snowmobile or all terrain vehicle in a manner that caused
such serious physical injury, as required by  this  [section.]  SUBDIVI-
SION; OR
  2. SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON, WHILE OPERATING
A  MOTOR  VEHICLE,  KNOWING  OR  HAVING  REASON  TO KNOW THAT HIS OR HER
LICENSE TO OR PRIVILEGE TO OPERATE  A  MOTOR  VEHICLE  IS  SUSPENDED  OR
REVOKED PURSUANT TO SUBDIVISION TWO OR THREE OF SECTION FIVE HUNDRED TEN
OR SECTION FIVE HUNDRED TEN-A OF THE VEHICLE AND TRAFFIC LAW FOR CONDUCT
RELATING  TO  THE  OPERATION  OF  A  MOTOR VEHICLE, OR KNOWING OR HAVING
REASON TO KNOW THAT HE OR SHE IS NOT DULY LICENSED PURSUANT  TO  ARTICLE
NINETEEN  OF THE VEHICLE AND TRAFFIC LAW OR IS A NON-RESIDENT WHO IS NOT
LICENSED TO OPERATE A MOTOR VEHICLE IN THE JURISDICTION IN WHICH  HE  OR
SHE RESIDES.
  Vehicular assault in the second degree is a class E felony.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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