Senate Bill S3533

2017-2018 Legislative Session

Relates to vehicular assault and vehicular manslaughter

download bill text pdf

Sponsored By

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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2017-S3533 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §§120.03-a & 125.12-a, amd §§120.03, 120.04 & 125.12, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4168
2011-2012: S1835
2013-2014: S1194
2015-2016: S2055
2019-2020: S2860

2017-S3533 (ACTIVE) - Summary

Establishes the class E felony of vehicular assault in the third degree; redefines the requirements for a violation of vehicular assault in the second degree; expands the offenses of vehicular assault and vehicular manslaughter; and establishes the class D felony of vehicular manslaughter in the third degree.

2017-S3533 (ACTIVE) - Sponsor Memo

2017-S3533 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3533
 
                        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  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. The penal law is amended by adding a new  section  120.03-a
 to read as follows:
 § 120.03-A VEHICULAR ASSAULT IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF VEHICULAR ASSAULT IN THE THIRD DEGREE WHEN HE OR
 SHE:
   (1) CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON BY OPERATION OF A
 VEHICLE, AND KNOWS OR HAS REASON TO KNOW THAT: (A) HIS OR HER LICENSE OR
 PRIVILEGE  OF  OPERATING  A MOTOR VEHICLE IN ANOTHER STATE OR HIS OR HER
 PRIVILEGE OF OBTAINING A LICENSE TO OPERATE A MOTOR VEHICLE  IN  ANOTHER
 STATE  IS  SUSPENDED  OR REVOKED; (B) HIS OR HER LICENSE OR PRIVILEGE OF
 OPERATING A MOTOR VEHICLE IN THE STATE,  OR  HIS  OR  HER  PRIVILEGE  OF
 OBTAINING  A  LICENSE  ISSUED  BY  THE COMMISSIONER OF MOTOR VEHICLES IS
 SUSPENDED OR REVOKED; OR (C) HE OR SHE IS NOT DULY LICENSED PURSUANT  TO
 SECTION FIVE HUNDRED TWO OF THE VEHICLE AND TRAFFIC LAW, OR
   (2) CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON BY OPERATION OF A
 VEHICLE  WHEN:  (A)  SUCH SERIOUS PHYSICAL INJURY WAS CAUSED IN WHOLE OR
 SUBSTANTIAL PART BY THE ACTOR'S VIOLATION OF  ANY  SECTION  OR  SECTIONS
 CONTAINED  WITHIN TITLE SEVEN OF THE VEHICLE AND TRAFFIC LAW, OTHER THAN
 SECTION ELEVEN HUNDRED NINETY-TWO OF SUCH TITLE, AND (B) THE  ACTOR  HAS
 PREVIOUSLY  BEEN  CONVICTED  OF TWO OR MORE VIOLATIONS OF ANY SECTION OR
 SECTIONS CONTAINED WITHIN TITLE SEVEN OF THE VEHICLE AND TRAFFIC LAW  ON
 AT  LEAST  TWO  SEPARATE DATES WITHIN THE IMMEDIATELY PRECEDING EIGHTEEN
 MONTHS, OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07717-01-7

              

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