NY State Senate Bill 2017-S3517

Archive: Last Bill Status - In Senate Committee Rules 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
Jun 20, 2018	committed to rules
May 22, 2018	advanced to third reading
May 16, 2018	2nd report cal.
May 15, 2018	1st report cal.1276
Jan 03, 2018	referred to codes returned to senate died in assembly
Feb 14, 2017	referred to codes delivered to assembly passed senate
Feb 13, 2017	advanced to third reading
Feb 07, 2017	2nd report cal.
Feb 06, 2017	1st report cal.166
Jan 24, 2017	referred to codes

Votes

- Feb 14, 2017 - Floor Vote
  S3517
  
  56
  
  Aye
  
  3
  
  Nay
  
  1
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 14, 2017
      
      aye (56)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Avella
      
      Bailey
      
      Bonacic
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (3)
      
      Krueger
      
      Montgomery
      
      Parker
      
      absent (1)
      
      Perkins
      
      excused (3)
      
      Amedore
      
      Boyle
      
      Larkin
  May 15, 2018 - Codes Committee Vote
  S3517
  
  13
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 15, 2018
      
      aye (13)
      
      Akshar
      
      Boyle
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Tedisco
      
      aye wr (2)
      
      Bailey
      
      Krueger
      
      excused (1)
      
      Croci
  Feb 6, 2017 - Codes Committee Vote
  S3517
  
  16
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Feb 6, 2017
      
      aye (16)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Perkins
      
      Savino
      
      Squadron
      
      Tedisco
      
      excused (1)
      
      Croci

co-Sponsors

2017-S3517 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §70.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4150
2015-2016: S3940
2019-2020: S2858

2017-S3517 (ACTIVE) - Summary

Makes aggravated vehicular homicide a violent felony offense.

2017-S3517 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3517

 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 befo re 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 :

2015-16: Passed Senate

 FISCAL IMPLICATIONS :

None

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

2017-S3517 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3517
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07710-01-7

 S. 3517                             2
 
 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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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Senate Bill S3517

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Feb 14, 2017 - Floor Vote

Floor Vote: Feb 14, 2017

May 15, 2018 - Codes Committee Vote

Codes Committee Vote: May 15, 2018

Feb 6, 2017 - Codes Committee Vote

Codes Committee Vote: Feb 6, 2017

co-Sponsors

2017-S3517 (ACTIVE) - Details

2017-S3517 (ACTIVE) - Summary

2017-S3517 (ACTIVE) - Sponsor Memo

2017-S3517 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3517

Share this bill

Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Fred Akshar

Patrick M. Gallivan

2017-S3517 (ACTIVE) - Details

2017-S3517 (ACTIVE) - Summary

2017-S3517 (ACTIVE) - Sponsor Memo

2017-S3517 (ACTIVE) - Bill Text download pdf

Comments