S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    625
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- 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. 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 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 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 WITHOUT HAVING BEEN LICENSED TO OPERATE A
 MOTOR  VEHICLE  IN THE STATE OF NEW YORK, AND WHILE OPERATING SAID MOTOR
 VEHICLE CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON.
   § 2. Subdivisions 5 and 6 of section 125.13 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  a  new  subdivision  7 is added to read as
 follows:
   (5) has previously been convicted of violating any provision  of  this
 article or article one hundred twenty of this title involving the opera-
 tion  of  a motor vehicle, or was convicted in any other state or juris-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04383-01-9

 S. 625                              2
 
 diction 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 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 the death of such child[.]; OR
   (7) OPERATES A MOTOR VEHICLE WITHOUT HAVING BEEN LICENSED TO OPERATE A
 MOTOR VEHICLE IN THE STATE OF NEW YORK, AND WHILE OPERATING  SAID  MOTOR
 VEHICLE CAUSES THE DEATH OF ANOTHER PERSON.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.