NY State Senate Bill 2015-S3940

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2016	referred to codes delivered to assembly passed senate ordered to third reading cal.1677 committee discharged and committed to rules
Jun 09, 2016	print number 3940a
Jun 09, 2016	amend and recommit to codes
Jan 06, 2016	referred to codes returned to senate died in assembly
Jun 18, 2015	referred to codes delivered to assembly passed senate ordered to third reading cal.1813 committee discharged and committed to rules
Feb 23, 2015	referred to codes

Votes

- Jun 14, 2016 - Floor Vote
  S3940
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      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
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Perkins
      
      excused (2)
      
      Diaz
      
      Parker
  Jun 18, 2015 - Floor Vote
  S3940
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2015
      
      aye (62)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Perkins
  Jun 14, 2016 - Rules Committee Vote
  S3940
  
  20
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2016
      
      aye (20)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (1)
      
      Perkins
      
      aye wr (3)
      
      Dilan
      
      Krueger
      
      Montgomery
      
      excused (1)
      
      Parker
  Jun 18, 2015 - Rules Committee Vote
  S3940
  
  19
  
  Aye
  
  3
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2015
      
      aye (19)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (3)
      
      Dilan
      
      Parker
      
      Perkins
      
      aye wr (3)
      
      Gianaris
      
      Krueger
      
      Montgomery

Bill Amendments

Original

A (Active)

2015-S3940 - Details

See Assembly Version of this Bill:: A5818
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §70.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4150
2017-2018: S3517
2019-2020: S2858

2015-S3940 - Summary

Makes aggravated vehicular homicide a violent felony offense.

2015-S3940 - Sponsor Memo

                                BILL NUMBER:S3940

TITLE OF BILL:

An act to amend the penal law, in relation to including aggravated
vehicular homicide as a violent felony offense

PURPOSE:

To include "aggravated vehicular homicide" as a violent felony
offense.

SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 1 of section 70.02 of
the penal law, as amended by chapter 320 of the laws of 2006, to
include aggravated vehicular homicide as defined in section 125.14 of
the penal law as a violent felony offense

Section 2 sets forth an effective date on the one hundred twentieth
day after it shall have become a law.

JUSTIFICATION:

In 2012, Brittney Walsh was tragically killed by Michael Grasing who
was driving under the influence of alcohol. At the time of the

accident, Mr. Grasing was driving at speeds in excess of 100 mph and
his BAC was an astonishingly high .32. After a 6 week trial, Mr.
Grasing was convicted of aggravated vehicular homicide (a class B
felony) and leaving the scene of an accident without reporting, which
is more commonly referred to as a "hit and run" (a class D felony) As
a class B non-violent felony, aggravated vehicular homicide carries a
minimum sentence of 1 to 3 years in a prison, up to a maximum sentence
of 8 1/3 years to 25 years in prison. Due to the reckless actions of
Mr. Grasing, he received the maximum allowable sentence of 8 1/3 years
to 25 years in prison. (He also received 2 years to 7 years for the
hit and run charge.) As a nonviolent offense, however, the crime of
aggravated vehicular homicide is subject to an "indeterminate"
sentence, which means the defendant may be released from prison after
serving only the minimum number of years imposed under their sentence.
Therefore, it is likely that based on extenuating factors such as good
behavior or otherwise, Mr. Grasing will be up for parole and likely
released well before his maximum sentence expires.

This legislation would make aggravated vehicular homicide a class B
"violent" felony offense that is subject to a "determinate" or fixed
sentence of not less than 5 years, but no more than 25 years in
prison. Defendants convicted of a violent felony offense are not
eligible for good time served or diversionary programs and therefore
end up serving a much greater percentage of their full sentences.

In honor of Brittney Walsh, it is imperative that aggravated vehicular
homicide be appropriately categorized as a violent felony offense to
ensure that defendants who commit crimes like Michael Grasing are kept
behind bars for longer periods of time as a matter of fair justice,
and to protect the general public from these despicable criminals.
This legislation would accomplish that.


LEGISLATIVE HISTORY:

A similar provision of law was included in prior legislation that was
passed by the Senate.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

On the 120th day after it shall have become a law.

2015-S3940 - Bill Text download pdf

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

                                  3940

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 23, 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  including  aggravated
  vehicular homicide as a violent felony offense

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

  Section 1.  Paragraph (a) of subdivision 1 of  section  70.02  of  the
penal  law, as amended by chapter 320 of the laws of 2006, is amended to
read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined  in section 130.35, criminal sexual act in the first
degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in  the  first  degree as defined in section 120.10, AGGRAVATED
VEHICULAR HOMICIDE AS DEFINED  IN  SECTION  125.14,  kidnapping  in  the
second degree as defined in section 135.20, burglary in the first degree
as  defined  in section 140.30, arson in the second degree as defined in
section 150.15, robbery in  the  first  degree  as  defined  in  section
160.15,  incest in the first degree as defined in section 255.27, crimi-
nal possession of a weapon in the first degree  as  defined  in  section
265.04,  criminal  use  of  a  firearm in the first degree as defined in
section 265.09, criminal sale of  a  firearm  in  the  first  degree  as
defined in section 265.13, aggravated assault upon a police officer or a
peace  officer  as  defined in section 120.11, gang assault in the first
degree as defined in section 120.07, intimidating a victim or witness in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05339-02-5

S. 3940                             2

the first degree as defined in section 215.17, hindering prosecution  of
terrorism  in  the  first  degree as defined in section 490.35, criminal
possession of a chemical weapon  or  biological  weapon  in  the  second
degree  as  defined  in  section  490.40, and criminal use of a chemical
weapon or biological weapon in the third degree as  defined  in  section
490.47.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

2015-S3940A (ACTIVE) - Details

See Assembly Version of this Bill:: A5818
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §70.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4150
2017-2018: S3517
2019-2020: S2858

2015-S3940A (ACTIVE) - Summary

Makes aggravated vehicular homicide a violent felony offense.

2015-S3940A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3940A

 TITLE OF BILL :

An act to amend the penal law, in relation to including aggravated
vehicular homicide as a violent felony offense

 PURPOSE :

To include "aggravated vehicular homicide" as a violent felony
offense.

 SUMMARY OF PROVISIONS :

Section 1 amends paragraph (a) of subdivision 1 of section 70.02 of
the penal law, as amended by chapter 320 of the laws of 2006, to
include aggravated vehicular homicide as defined in section 125.14 of
the penal law as a violent felony offense

Section 2 sets forth an effective date on the one hundred twentieth
day after it shall have become a law.

 JUSTIFICATION :

In 2012, Brittney Walsh was tragically killed by Michael Grasing who
was driving under the influence of alcohol. At the time of the

accident, Mr. Grasing was driving at speeds in excess of 100 mph and
his BAC was an astonishingly high .32. After a 6 week trial, Mr.
Grasing was convicted of aggravated vehicular homicide (a class B
felony) and leaving the scene of an accident without reporting, which
is more commonly referred to as a "hit and run" (a class D felony) As
a class B non-violent felony, aggravated vehicular homicide carries a
minimum sentence of 1 to 3 years in a prison, up to a maximum sentence
of 8 1/3 years to 25 years in prison. Due to the reckless actions of
Mr. Grasing, he received the maximum allowable sentence of 8 1/3 years
to 25 years in prison. (He also received 2 years to 7 years for the
hit and run charge.) As a nonviolent offense, however, the crime of
aggravated vehicular homicide is subject to an "indeterminate"
sentence, which means the defendant may be released from prison after
serving only the minimum number of years imposed under their sentence.
Therefore, it is likely that based on extenuating factors such as good
behavior or otherwise, Mr. Grasing will be up for parole and likely
released well before his maximum sentence expires.

This legislation would make aggravated vehicular homicide a class B
"violent" felony offense that is subject to a "determinate" or fixed
sentence of not less than 5 years, but no more than 25 years in
prison.  Defendants convicted of a violent felony offense are not
eligible for good time served or diversionary programs and therefore
end up serving a much greater percentage of their full sentences.

In honor of Brittney Walsh, it is imperative that aggravated vehicular
homicide be appropriately categorized as a violent felony offense to
ensure that defendants who commit crimes like Michael Grasing are kept
behind bars for longer periods of time as a matter of fair justice,
and to protect the general public from these despicable criminals.
This legislation would accomplish that.

 LEGISLATIVE HISTORY :

A similar provision of law was included in prior legislation that was
passed by the Senate.

 FISCAL IMPLICATIONS :

None
 EFFECTIVE DATE :
On the 120th day after it shall have become a law.

2015-S3940A (ACTIVE) - Bill Text download pdf

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

                                 3940--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 23, 2015
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  penal  law, in relation to including aggravated
  vehicular homicide as a violent felony offense

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

  Section  1.    Paragraph  (a) of subdivision 1 of section 70.02 of the
penal law, as amended by chapter 368 of the laws of 2015, is amended  to
read as follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined  in  section  120.10,  AGGRAVATED
VEHICULAR  HOMICIDE  AS  DEFINED  IN  SECTION  125.14, kidnapping in the
second degree as defined in section 135.20, burglary in the first degree
as defined in section 140.30, arson in the second degree as  defined  in
section  150.15,  robbery  in  the  first  degree  as defined in section
160.15, sex trafficking as defined in paragraphs (a) and (b) of subdivi-
sion five of section 230.34, incest in the first degree  as  defined  in
section  255.27,  criminal possession of a weapon in the first degree as
defined in section 265.04, criminal use of a firearm in the first degree

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05339-03-6

S. 3940--A                          2

as defined in section 265.09, criminal sale of a firearm  in  the  first
degree  as  defined  in section 265.13, aggravated assault upon a police
officer or a peace officer as defined in section 120.11, gang assault in
the  first degree as defined in section 120.07, intimidating a victim or
witness in the first degree as  defined  in  section  215.17,  hindering
prosecution  of  terrorism  in  the  first  degree as defined in section
490.35, criminal possession of a chemical weapon or biological weapon in
the second degree as defined in section 490.40, and criminal  use  of  a
chemical  weapon  or biological weapon in the third degree as defined in
section 490.47.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3940

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 14, 2016 - Floor Vote

Floor Vote: Jun 14, 2016

Jun 18, 2015 - Floor Vote

Floor Vote: Jun 18, 2015

Jun 14, 2016 - Rules Committee Vote

Rules Committee Vote: Jun 14, 2016

Jun 18, 2015 - Rules Committee Vote

Rules Committee Vote: Jun 18, 2015

Bill Amendments

2015-S3940 - Details

2015-S3940 - Summary

2015-S3940 - Sponsor Memo

2015-S3940 - Bill Text download pdf

2015-S3940A (ACTIVE) - Details

2015-S3940A (ACTIVE) - Summary

2015-S3940A (ACTIVE) - Sponsor Memo

2015-S3940A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3940

Share this bill

Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2015-S3940 - Details

2015-S3940 - Summary

2015-S3940 - Sponsor Memo

2015-S3940 - Bill Text download pdf

2015-S3940A (ACTIVE) - Details

2015-S3940A (ACTIVE) - Summary

2015-S3940A (ACTIVE) - Sponsor Memo

2015-S3940A (ACTIVE) - Bill Text download pdf

Comments