NY State Senate Bill 2019-S2858

Archive: Last Bill Status - In Senate Committee Codes 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 30, 2019	referred to codes

co-Sponsors

2019-S2858 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §70.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4150
2015-2016: S3940
2017-2018: S3517

2019-S2858 (ACTIVE) - Summary

Makes aggravated vehicular homicide a violent felony offense.

2019-S2858 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2858

SPONSOR: FLANAGAN
 
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.
Gracing was driving at speeds in excess of 100 mph and his BAC was an
astonishingly high .32. After a 6 week trial, Mr.  Gracing was convicted
of aggravated vehicular homicide (a class 13 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 felo-
ny, 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 before 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 Gracing 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
2017: Passed Senate
2018: Rules

 
FISCAL IMPLICATIONS:

None

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

2019-S2858 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2858
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 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 189 of the laws of 2018, 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, sex trafficking of a child as defined in
 section 230.34-a, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08682-01-9

 S. 2858                             2
 
 officer or a peace officer as defined in section 120.11, gang assault in
 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 S2858

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2019-S2858 (ACTIVE) - Details

2019-S2858 (ACTIVE) - Summary

2019-S2858 (ACTIVE) - Sponsor Memo

2019-S2858 (ACTIVE) - Bill Text download pdf

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Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

Fred Akshar

2019-S2858 (ACTIVE) - Details

2019-S2858 (ACTIVE) - Summary

2019-S2858 (ACTIVE) - Sponsor Memo

2019-S2858 (ACTIVE) - Bill Text download pdf

Comments