senate Bill S2860

2019-2020 Legislative Session

Relates to vehicular assault and vehicular manslaughter

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Jan 30, 2019 referred to codes

Co-Sponsors

S2860 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§120.03-a & 125.12-a, amd §§120.03, 120.04 & 125.12, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4168
2011-2012: S1835
2013-2014: S1194
2015-2016: S2055
2017-2018: S3533

S2860 (ACTIVE) - Summary

Establishes the class E felony of vehicular assault in the third degree; redefines the requirements for a violation of vehicular assault in the second degree; expands the offenses of vehicular assault and vehicular manslaughter; and establishes the class D felony of vehicular manslaughter in the third degree.

S2860 (ACTIVE) - Sponsor Memo

S2860 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2860

                       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  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. The penal law is amended by adding a new  section  120.03-a
to read as follows:
§ 120.03-A VEHICULAR ASSAULT IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF VEHICULAR ASSAULT IN THE THIRD DEGREE WHEN HE OR
SHE:
  (1) CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON BY OPERATION OF A
VEHICLE, AND KNOWS OR HAS REASON TO KNOW THAT: (A) HIS OR HER LICENSE OR
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; (B) HIS OR HER LICENSE OR 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; OR (C) HE OR SHE IS NOT DULY LICENSED PURSUANT  TO
SECTION FIVE HUNDRED TWO OF THE VEHICLE AND TRAFFIC LAW, OR
  (2) CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON BY OPERATION OF A
VEHICLE  WHEN:  (A)  SUCH SERIOUS PHYSICAL INJURY WAS CAUSED IN WHOLE OR
SUBSTANTIAL PART BY THE ACTOR'S VIOLATION OF  ANY  SECTION  OR  SECTIONS
CONTAINED  WITHIN TITLE SEVEN OF THE VEHICLE AND TRAFFIC LAW, OTHER THAN
SECTION ELEVEN HUNDRED NINETY-TWO OF SUCH TITLE, AND (B) THE  ACTOR  HAS
PREVIOUSLY  BEEN  CONVICTED  OF TWO OR MORE VIOLATIONS OF ANY SECTION OR
SECTIONS CONTAINED WITHIN TITLE SEVEN OF THE VEHICLE AND TRAFFIC LAW  ON
AT  LEAST  TWO  SEPARATE DATES WITHIN THE IMMEDIATELY PRECEDING EIGHTEEN
MONTHS, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08686-01-9

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