S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3815
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to making  deaths  caused  by
   drivers  using  mobile telephones or portable electronic devices while
   driving vehicular manslaughter in the second degree and making serious
   injuries caused by drivers using mobile telephones or  portable  elec-
   tronic devices while driving vehicular assault in the second degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of  section  125.12  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 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 the death of such other person[.], OR
   (4)  OPERATES  A  MOTOR VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
 TWENTY-FIVE-C OR TWELVE HUNDRED TWENTY-FIVE-D OF THE VEHICLE AND TRAFFIC
 LAW, AND AS A RESULT OF THE USE OF SUCH  MOBILE  TELEPHONE  OR  PORTABLE
 ELECTRONIC  DEVICE,  OPERATES SUCH MOTOR VEHICLE IN A MANNER THAT CAUSES
 THE DEATH OF SUCH OTHER PERSON.
   § 2. 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 subdivision 4 is
 added to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08254-01-9
              

 A. 3815                             2
 
   (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 IN VIOLATION OF  SECTION  TWELVE  HUNDRED
 TWENTY-FIVE-C OR TWELVE HUNDRED TWENTY-FIVE-D OF THE VEHICLE AND TRAFFIC
 LAW,  AND  AS  A  RESULT OF THE USE OF SUCH MOBILE TELEPHONE OR PORTABLE
 ELECTRONIC DEVICE, OPERATES SUCH MOTOR VEHICLE IN A MANNER  THAT  CAUSES
 SUCH SERIOUS PHYSICAL INJURY TO SUCH OTHER PERSON.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.