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

                                  2087

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by Sen. FLANAGAN -- 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  penalties  for  causing
  serious injury or death while knowingly operating a motor vehicle with
  a revoked or suspended 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 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
use of alcohol, operates such motor vehicle in a manner that causes such
serious physical injury to such other person, or
  (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision one of section 25.24 of the parks, recreation  and  historic

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05207-01-5
              

S. 2087                             2

preservation  law or operates an all terrain vehicle as defined in para-
graph (a) of subdivision one of section twenty-two hundred eighty-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 impairment  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[.],
OR
  (4)  CAUSES SUCH SERIOUS PHYSICAL INJURY BY OPERATION OF A MOTOR VEHI-
CLE 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 PROVISIONS OF SUBDIVISIONS TWO AND TWO-A OF SECTION FIVE HUNDRED  TEN
AND  SUBDIVISIONS  ONE  AND  THREE  OF SECTION FIVE HUNDRED TEN-A OF THE
VEHICLE AND TRAFFIC LAW.
  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.
  Vehicular assault in the second degree is a class E felony.
  S 2. Section 125.12 of the penal law, as amended by chapter 732 of the
laws of 2006, is amended to read as follows:
S 125.12 Vehicular manslaughter in the second degree.
  A person is guilty of vehicular manslaughter in the second degree when
he or she causes the death of 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 the death of 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 death, and as a result of such impairment by the  use  of  alcohol,
operates  such  motor  vehicle in a manner that causes the death of such
other person, or
  (3) 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 in para-
graph (a) of subdivision one of section twenty-two hundred eighty-one of
the vehicle and traffic law 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 impairment  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 the death of such other person[.], OR

S. 2087                             3

  (4)  CAUSES  THE  DEATH  OF  SUCH OTHER 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 PURSU-
ANT  TO PROVISIONS OF SUBDIVISIONS TWO AND TWO-A OF SECTION FIVE HUNDRED
TEN  AND SUBDIVISIONS ONE AND THREE OF SECTION FIVE HUNDRED TEN-A OF THE
VEHICLE AND TRAFFIC LAW.
  If it is established that the person  operating  such  motor  vehicle,
vessel,  public  vessel,  snowmobile  or all terrain vehicle caused such
death 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 alcohol 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,  snowmo-
bile  or  all  terrain  vehicle  in  a manner that caused such death, as
required by this section.
  Vehicular manslaughter in the second degree is a class D felony.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.