NY State Senate Bill 2015-S2484A

Senate Bill S2484A

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2016	referred to codes delivered to assembly passed senate
May 16, 2016	ordered to third reading cal.866 committee discharged and committed to rules
Jan 06, 2016	referred to codes returned to senate died in assembly
Jun 15, 2015	referred to codes delivered to assembly passed senate ordered to third reading cal.1523 committee discharged and committed to rules
May 27, 2015	reported and committed to transportation
May 14, 2015	print number 2484a
May 14, 2015	amend (t) and recommit to codes
Mar 13, 2015	notice of committee consideration - requested
Jan 23, 2015	referred to codes

Votes

- May 17, 2016 - Floor Vote
  S2484A
  
  57
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 17, 2016
      
      aye (57)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Martins
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Perkins
      
      excused (5)
      
      Breslin
      
      Diaz
      
      Marchione
      
      Nozzolio
      
      Seward
  May 16, 2016 - Rules Committee Vote
  S2484A
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 16, 2016
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Parker
      
      Perkins
      
      Robach
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Montgomery

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2015-S2484 - Details

See Assembly Version of this Bill:: A3536
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§120.03 &120.04, add §125.16, Pen L
Versions Introduced in 2015-2016 Legislative Session:: S2484, A3536

2015-S2484 - Summary

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

2015-S2484 - Sponsor Memo

                                BILL NUMBER:S2484

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.

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 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, and
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 cannot 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:

2014: Senate Bill # 6385 (Gianaris) Defeated in Senate Codes Committee

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.

2015-S2484 - Bill Text download pdf

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

                                  2484

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

Introduced  by Sens. GIANARIS, ADDABBO, AVELLA, BRESLIN, HOYLMAN, LATIM-
  ER, PARKER, STAVISKY -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05721-01-5

S. 2484                             2

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
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.

co-Sponsors

View additional co-sponsors

2015-S2484A (ACTIVE) - Details

See Assembly Version of this Bill:: A3536
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§120.03 &120.04, add §125.16, Pen L
Versions Introduced in 2015-2016 Legislative Session:: S2484, A3536

2015-S2484A (ACTIVE) - Summary

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

2015-S2484A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2484A

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 while knowingly operating a
motor vehicle with a revoked or suspended license or while not holding
a license and establishing the offense of vehicular homicide

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, and creates
the crime of vehicular homicide, a class D felony.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends Section 120.03 of the penal law to
provide that a person has committed vehicular assault in the second
degree when he or she causes serious physical injury 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 two-a of section
five hundred ten or subdivisions one or three of section five hundred
ten-a of the vehicle and traffic law for conduct relating to the
operation of a motor vehicle; or he or she is not duly licensed.

Section two of the bill amends the opening paragraph of section

120.04, limiting the crime of vehicular assault in the first degree to
only those actions listed in subdivision one of section 120.03 when
such additional aggravating factors apply as provided in section
120.04

Section three of the bill adds a new section 125.16 to the penal law
creating the crime of vehicular homicide, providing that a person is
guilty of the crime when he or she causes the death of another person
while operating 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 two-a of section
five hundred ten or five hundred ten-a of the vehicle and traffic law
for conduct relating to the operation of a motor vehicle; or he or she
is not duly licensed.

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 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, and
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 cannot 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 to or seriously injure
or a class D felony to kill someone in the process.

PRIOR LEGISLATIVE HISTORY:  2014: Senate Bill # 6385 (Gianaris)
Defeated in Senate Codes Committee

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.

2015-S2484A (ACTIVE) - Bill Text download pdf

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

                                 2484--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

Introduced  by Sens. GIANARIS, ADDABBO, AVELLA, BRESLIN, HOYLMAN, LATIM-
  ER, PANEPINTO, PARKER, STAVISKY -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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  while  knowingly  operating  a  motor  vehicle with a
  revoked or suspended license or while not holding a license and estab-
  lishing the offense of vehicular homicide

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05721-04-5

S. 2484--A                          2

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
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 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 TWO-A OF SECTION FIVE HUNDRED TEN OR SUBDIVISION  ONE
OR  THREE  OF  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 LICENSED TO OPERATE A MOTOR
VEHICLE ON A PUBLIC HIGHWAY PURSUANT TO THE VEHICLE AND TRAFFIC LAW.
  Vehicular assault in the second degree is a class E felony.
  S 2. The opening paragraph of section 120.04  of  the  penal  law,  as
amended  by  chapter  496  of  the  laws  of 2009, is amended to read as
follows:
  A person is guilty of vehicular assault in the first degree when he or
she commits the crime of vehicular  assault  in  the  second  degree  as
defined  in  SUBDIVISION  ONE  OF  section  120.03  of this article, and
either:
  S 3. The penal law is amended by adding a new section 125.16  to  read
as follows:
S 125.16 VEHICULAR HOMICIDE.
  A  PERSON  IS  GUILTY  OF VEHICULAR HOMICIDE WHEN HE OR SHE CAUSES THE
DEATH OF 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
TWO-A OF SECTION FIVE HUNDRED TEN OR SUBDIVISION ONE OR THREE OF 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 LICENSED TO OPERATE A MOTOR VEHICLE ON A PUBLIC
HIGHWAY PURSUANT TO THE VEHICLE AND TRAFFIC LAW.
  VEHICULAR HOMICIDE IS A CLASS D FELONY.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S2484A

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2015-S2484 - Details

2015-S2484 - Summary

2015-S2484 - Sponsor Memo

2015-S2484 - Bill Text download pdf

co-Sponsors

2015-S2484A (ACTIVE) - Details

2015-S2484A (ACTIVE) - Summary

2015-S2484A (ACTIVE) - Sponsor Memo

2015-S2484A (ACTIVE) - Bill Text download pdf

Comments