S T A T E   O F   N E W   Y O R K
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                                  8411

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the  penal law, in relation to vehicular assault and
  vehicular manslaughter

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

  Section  1.  Subdivision  3  of  section  120.03  of the penal law, as
amended by chapter 732 of the laws of 2006, is amended and a new  subdi-
vision 4 is added to read as follows:
  (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 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) OPERATES A MOTOR VEHICLE WITHOUT HAVING BEEN LICENSED TO OPERATE A
MOTOR VEHICLE IN THE STATE OF NEW YORK, AND WHILE OPERATING  SAID  MOTOR
VEHICLE CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON.
  S 2. Subdivisions 5 and 6 of section 125.13 of the penal law, subdivi-
sion  5 as amended and subdivision 6 as added by chapter 496 of the laws
of 2009, are amended and a  new  subdivision  7  is  added  to  read  as
follows:
  (5)  has  previously been convicted of violating any provision of this
article or article one hundred twenty of this title involving the opera-
tion of a motor vehicle, or was convicted in any other state  or  juris-
diction  of an offense involving the operation of a motor vehicle which,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11962-01-5
              

A. 8411                             2

if committed in this state, would constitute a violation of this article
or article one hundred twenty of this title; [or]
  (6)  commits  such crime while operating a motor vehicle while a child
who is fifteen years of age or less is a passenger in such motor vehicle
and causes the death of such child[.]; OR
  (7) OPERATES A MOTOR VEHICLE WITHOUT HAVING BEEN LICENSED TO OPERATE A
MOTOR VEHICLE IN THE STATE OF NEW YORK, AND WHILE OPERATING  SAID  MOTOR
VEHICLE CAUSES THE DEATH OF ANOTHER PERSON.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.