S T A T E O F N E W Y O R K
________________________________________________________________________
2645
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to leaving the scene of a
motor vehicle accident that caused the death of a person or persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The second undesignated paragraph of section 125.14 of the
penal law, as amended by chapter 496 of the laws of 2009, is amended to
read as follows:
If it is established that the person operating such motor vehicle
caused such death or deaths while unlawfully intoxicated or impaired by
the use of alcohol or a drug, or by the combined influence of drugs or
of alcohol and any drug or drugs, 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 in
a manner that caused such death or deaths, as required by this section
and section 125.12 of this article. IF THE PERSON OPERATING SUCH MOTOR
VEHICLE LEAVES THE SCENE OF THE ACCIDENT THAT RESULTED IN THE DEATH
DESCRIBED IN THIS ARTICLE IN THE MANNER DEFINED IN SUBDIVISION TWO OF
SECTION SIX HUNDRED OF THE VEHICLE AND TRAFFIC LAW, THEN HE OR SHE IS
PRESUMED TO HAVE BEEN OPERATING THE MOTOR VEHICLE WHILE SUCH PERSON HAS
.18 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN SUCH PERSON'S
BLOOD AS SHOWN BY CHEMICAL ANALYSIS OF SUCH PERSON'S BLOOD, BREATH,
URINE OR SALIVA MADE PURSUANT TO THE PROVISIONS OF SECTION ELEVEN
HUNDRED NINETY-FOUR OF THE VEHICLE AND TRAFFIC LAW, AT THE TIME OF SUCH
ACCIDENT.
S 2. The second undesignated paragraph of section 120.04-a of the
penal law, as amended by chapter 496 of the laws of 2009, is amended to
read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07590-01-5
A. 2645 2
If it is established that the person operating such motor vehicle
caused such serious physical injury or injuries while unlawfully intoxi-
cated or impaired by the use of alcohol or a drug, or by the combined
influence of drugs or of alcohol and any drug or drugs, 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 in a manner that caused such serious physical injury or
injuries, as required by this section and section 120.03 of this arti-
cle. IF THE PERSON OPERATING SUCH MOTOR VEHICLE LEAVES THE SCENE OF THE
ACCIDENT THAT RESULTED IN THE INJURIES DESCRIBED IN THIS ARTICLE IN THE
MANNER DEFINED IN SUBDIVISION TWO OF SECTION SIX HUNDRED OF THE VEHICLE
AND TRAFFIC LAW, THEN HE OR SHE IS PRESUMED TO HAVE BEEN OPERATING THE
MOTOR VEHICLE WHILE SUCH PERSON HAS .18 OF ONE PER CENTUM OR MORE BY
WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD AS SHOWN BY CHEMICAL ANALYSIS
OF SUCH PERSON'S BLOOD, BREATH, URINE OR SALIVA MADE PURSUANT TO THE
PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-FOUR OF THE VEHICLE AND
TRAFFIC LAW, AT THE TIME OF SUCH ACCIDENT.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.