S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5073
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of A. RAIA, GIGLIO, KOLB, FINCH, MONTESANO -- Multi-
   Sponsored by -- M.  of  A.  ARROYO,  BARCLAY,  BLANKENBUSH,  DiPIETRO,
   FITZPATRICK,  HAWLEY,  McDONOUGH,  M. L. MILLER, MORINELLO, PALMESANO,
   STEC, THIELE -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law  and  the  vehicle  and  traffic  law,  in
   relation to increasing the criminal penalties for the crimes of vehic-
   ular assault, vehicular manslaughter and leaving the scene of an inci-
   dent where death or serious personal injury has resulted
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The closing paragraph of section 120.03 of the  penal  law,
 as  amended  by  chapter  732 of the laws of 2006, is amended to read as
 follows:
   Vehicular assault in the second degree is a class [E] D felony.
   § 2. The closing paragraph of section 120.04  of  the  penal  law,  as
 amended  by  chapter  496  of  the  laws  of 2009, is amended to read as
 follows:
   Vehicular assault in the first degree is a class [D] C felony.
   § 3. The closing paragraph of section 125.12  of  the  penal  law,  as
 amended  by  chapter  732  of  the  laws  of 2006, is amended to read as
 follows:
   Vehicular manslaughter in the second degree is a class [D] C felony.
   § 4. The closing paragraph of section 125.13  of  the  penal  law,  as
 amended  by  chapter  496  of  the  laws  of 2009, is amended to read as
 follows:
   Vehicular manslaughter in the first degree is a class [C] B felony.
   § 5. Paragraph c of subdivision 2 of section 600 of  the  vehicle  and
 traffic  law,  as  amended by section 4 of part AAA of chapter 59 of the
 laws of 2017, is amended to read as follows:
   c. A violation of the provisions of paragraph a  of  this  subdivision
 resulting  solely  from the failure of an operator to exhibit his or her

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

                                                            LBD07867-01-9

 A. 5073                             2
 
 license and insurance identification card for the  vehicle  or  exchange
 the  information  required  in such paragraph shall constitute a class B
 misdemeanor punishable by a fine of not less than two hundred fifty  nor
 more  than  five  hundred  dollars  in  addition  to any other penalties
 provided by law. Any subsequent such violation shall constitute a  class
 A  misdemeanor  punishable  by  a fine of not less than five hundred nor
 more than one thousand  dollars  in  addition  to  any  other  penalties
 provided  by law. Any violation of the provisions of paragraph a of this
 subdivision, other than for the mere failure of an operator  to  exhibit
 his or her license and insurance identification card for such vehicle or
 exchange  the information required in such paragraph, shall constitute a
 class A misdemeanor, punishable by a fine of not less than five  hundred
 dollars  nor  more  than  one  thousand dollars in addition to any other
 penalties provided by law. Any such  violation  committed  by  a  person
 after  such  person  has  previously  been convicted of such a violation
 shall constitute a class E felony, punishable by a fine of not less than
 one thousand nor more than two thousand five hundred dollars in addition
 to any other penalties provided by law. Any violation of the  provisions
 of  paragraph  a of this subdivision, other than for the mere failure of
 an operator to exhibit his or her license and  insurance  identification
 card for such vehicle or exchange the information required in such para-
 graph,  where  the personal injury involved (i) results in serious phys-
 ical injury, as defined in section 10.00 of the penal law, shall consti-
 tute a class E felony, punishable  by  a  fine  of  not  less  than  one
 thousand  nor  more  than five thousand dollars in addition to any other
 penalties provided by law, or (ii) results in death shall  constitute  a
 class  [D]  C  felony punishable by a fine of not less than two thousand
 nor more than five thousand dollars in addition to any  other  penalties
 provided by law.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.