S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6952
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 27, 2019
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to the offenses of 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. Section 120.03 of the penal law, as amended by chapter 732
 of the laws of 2006, is amended to read as follows:
 § 120.03 Vehicular assault in the second degree.
   A person is guilty of vehicular assault in the second degree  when  he
 or she causes serious physical injury to another person, and either:
   (1)  operates  a motor vehicle in violation of subdivision two, three,
 four or four-a of section eleven hundred ninety-two of the  vehicle  and
 traffic  law or operates a vessel or public vessel in violation of para-
 graph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of
 the navigation 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 alco-
 hol and any drug or drugs, operates such motor vehicle, vessel or public
 vessel in a manner that causes such  serious  physical  injury  to  such
 other person, or
   (2)  operates  a  motor  vehicle with a gross vehicle weight rating of
 more than eighteen thousand pounds which contains flammable gas,  radio-
 active  materials  or  explosives  in  violation  of  subdivision one of
 section eleven hundred ninety-two of the vehicle and  traffic  law,  and
 such  flammable gas, radioactive materials or explosives is the cause of
 such serious physical injury, and as a result of such impairment by  the
 use of alcohol, operates such motor vehicle in a manner that causes such
 serious physical injury to such other person, or
   (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-

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

                                                            LBD10383-01-9

 A. 6952                             2
 
 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) HAVING BEEN CONVICTED WITHIN THE PRECEDING EIGHTEEN MONTHS OF  ANY
 TWO VIOLATIONS OF SECTIONS FIVE HUNDRED NINE, FIVE HUNDRED ELEVEN, ELEV-
 EN  HUNDRED  TEN,  ELEVEN  HUNDRED ELEVEN, ELEVEN HUNDRED EIGHTY, ELEVEN
 HUNDRED EIGHTY-A, ELEVEN HUNDRED NINETY-TWO, ELEVEN HUNDRED NINETY-TWO-A
 OR TWELVE HUNDRED TWELVE OF THE VEHICLE AND TRAFFIC LAW, HE OR SHE OPER-
 ATES A MOTOR VEHICLE IN VIOLATION OF ANY OF THE AFOREMENTIONED  SECTIONS
 AND IN DOING SO CAUSES PHYSICAL INJURY TO ANOTHER PERSON, OR
   (5)  KNOWINGLY  HAS  IN EFFECT FOUR OR MORE SUSPENSIONS, IMPOSED ON AT
 LEAST FOUR SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR OR  PAY  A  FINE
 PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION  TWO HUNDRED TWENTY-SIX OR
 SUBDIVISION FOUR OF SECTION FIVE HUNDRED TEN OF THE VEHICLE AND  TRAFFIC
 LAW,  AND  WHILE  OPERATING  A  MOTOR  VEHICLE CAUSES PHYSICAL INJURY TO
 ANOTHER PERSON.
   If it is established that the person  operating  such  motor  vehicle,
 vessel,  public  vessel,  snowmobile  or all terrain vehicle caused such
 serious physical injury while unlawfully intoxicated or impaired by  the
 use  of  alcohol or a drug, then there shall be a rebuttable presumption
 that, as a result of such intoxication or impairment by the use of alco-
 hol or a drug, or by the combined influence of drugs or of  alcohol  and
 any  drug  or  drugs,  such  person  operated the motor vehicle, vessel,
 public vessel, snowmobile or all terrain vehicle in a manner that caused
 such serious physical injury, as required by this section.
   Vehicular assault in the second degree is a class E felony.
   § 2. Subdivisions 5 and 6 of section 120.04 of the penal law, subdivi-
 sion 5 as amended and subdivision 6 as added by chapter 496 of the  laws
 of  2009, are amended and two new subdivisions 7 and 8 are added to read
 as follows:
   (5) has previously been convicted of violating any provision  of  this
 article  or  article one hundred twenty-five of this title involving the
 operation of a motor vehicle, or was convicted in  any  other  state  or
 jurisdiction  of  an  offense involving the operation of a motor vehicle
 which, if committed in this state, would constitute a violation of  this
 article or article one hundred twenty-five of this title; [or]
   (6)  commits  such crime while operating a motor vehicle while a child
 who is fifteen years of age or less is a passenger in such motor vehicle
 and causes serious physical injury to such child[.];
   (7) HAVING BEEN CONVICTED WITHIN THE PRECEDING EIGHTEEN MONTHS OF  ANY
 TWO VIOLATIONS OF SECTIONS FIVE HUNDRED NINE, FIVE HUNDRED ELEVEN, ELEV-
 EN  HUNDRED  TEN,  ELEVEN  HUNDRED ELEVEN, ELEVEN HUNDRED EIGHTY, ELEVEN
 HUNDRED EIGHTY-A, ELEVEN HUNDRED NINETY-TWO, ELEVEN HUNDRED NINETY-TWO-A
 OR TWELVE HUNDRED TWELVE OF THE VEHICLE AND TRAFFIC LAW, HE OR SHE OPER-
 ATES A MOTOR VEHICLE IN VIOLATION OF ANY OF THE AFOREMENTIONED  SECTIONS
 AND IN DOING SO CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON; OR
   (8)  KNOWINGLY  HAS  IN EFFECT FOUR OR MORE SUSPENSIONS, IMPOSED ON AT
 LEAST FOUR SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR OR  PAY  A  FINE
 PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION  TWO HUNDRED TWENTY-SIX OR
 SUBDIVISION FOUR OF SECTION FIVE HUNDRED TEN OF THE VEHICLE AND  TRAFFIC

 A. 6952                             3
 
 LAW,  AND WHILE OPERATING A MOTOR VEHICLE CAUSES SERIOUS PHYSICAL INJURY
 TO ANOTHER PERSON.
   §  3.  Subdivision 2 of section 125.13 of the penal law, as amended by
 chapter 496 of the laws of 2009, is amended to read as follows:
   (2) commits such crime while knowing or having reason  to  know  that:
 (a)  his  or  her  license  or his or her 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 and
 such suspension or revocation is based upon a conviction in  such  other
 state for an offense which would, if committed in this state, constitute
 a  violation  of any of the provisions of section eleven hundred ninety-
 two of the vehicle and traffic law; or (b) his or her license or his  or
 her  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 and such suspension or revocation is
 based upon either a refusal to submit to a  chemical  test  pursuant  to
 section  eleven  hundred  ninety-four  of the vehicle and traffic law or
 following a conviction for a violation  of  any  of  the  provisions  of
 section eleven hundred ninety-two of the vehicle and traffic law, OR (C)
 HAVING  BEEN  CONVICTED  WITHIN THE PRECEDING EIGHTEEN MONTHS OF ANY TWO
 VIOLATIONS OF SECTIONS FIVE HUNDRED NINE, FIVE  HUNDRED  ELEVEN,  ELEVEN
 HUNDRED  TEN,  ELEVEN  HUNDRED  ELEVEN,  ELEVEN  HUNDRED  EIGHTY, ELEVEN
 HUNDRED EIGHTY-A, ELEVEN HUNDRED NINETY-TWO, ELEVEN HUNDRED NINETY-TWO-A
 OR TWELVE HUNDRED TWELVE OF THE VEHICLE AND TRAFFIC LAW, HE OR SHE OPER-
 ATES A MOTOR VEHICLE IN VIOLATION OF ANY OF THE AFOREMENTIONED  SECTIONS
 AND IN DOING SO CAUSES THE DEATH OF ANOTHER PERSON, OR (D) KNOWINGLY HAS
 IN  EFFECT  FOUR  OR MORE SUSPENSIONS, IMPOSED ON AT LEAST FOUR SEPARATE
 DATES FOR FAILURE TO ANSWER, APPEAR OR PAY A FINE PURSUANT  TO  SUBDIVI-
 SION  THREE  OF  SECTION  TWO  HUNDRED TWENTY-SIX OR SUBDIVISION FOUR OF
 SECTION FIVE HUNDRED TEN OF THE VEHICLE AND TRAFFIC LAW, AND WHILE OPER-
 ATING A MOTOR VEHICLE CAUSES DEATH OF ANOTHER PERSON;
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.