Assembly Bill A5422

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5422
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the penal law  and  the  vehicle  and  traffic  law,  in
   relation to the reckless use or operation of a vehicle in concert with
   another
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 125.15 of the penal  law  is  amended  to  read  as
 follows:
 § 125.15 Manslaughter in the second degree.
   A person is guilty of manslaughter in the second degree when:
   1. [He] SUCH PERSON recklessly causes the death of another person; [or
   3.  He]  2. SUCH PERSON intentionally causes or aids another person to
 commit suicide; OR
   3. SUCH PERSON ENGAGES IN RECKLESS  DRIVING,  AS  DEFINED  IN  SECTION
 TWELVE  HUNDRED  TWELVE  OF THE VEHICLE AND TRAFFIC LAW, IN CONCERT WITH
 ANOTHER PERSON, AND SUCH OTHER PERSON CAUSES THE DEATH OF ANOTHER  AS  A
 RESULT OF SUCH RECKLESS DRIVING.
   FOR  PURPOSES OF SUBDIVISION THREE OF THIS SECTION, "IN CONCERT" SHALL
 MEAN TWO OR MORE INDIVIDUALS IN SEPARATE VEHICLES ENGAGING  IN  RECKLESS
 DRIVING  IN  COORDINATION  WITH  ONE ANOTHER AT THE SAME TIME AND IN THE
 SAME GENERAL AREA.
   Manslaughter in the second degree is a class C felony.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 389 to read as follows:
   § 389. JOINT  AND SEVERAL LIABILITY AS A RESULT OF THE RECKLESS USE OR
 OPERATION OF A VEHICLE IN CONCERT WITH ANOTHER.   1. EVERY  OWNER  OF  A
 VEHICLE  USED  OR  OPERATED IN THIS STATE IN VIOLATION OF SECTION TWELVE
 HUNDRED TWELVE OF THIS CHAPTER ACTING IN CONCERT  WITH  ANOTHER  WHO  IS
 OPERATING  THEIR  VEHICLE  IN VIOLATION OF SUCH STATUTE SHALL BE JOINTLY
 AND SEVERALLY LIABLE AND RESPONSIBLE WITH SUCH OTHER PERSON FOR DEATH OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08413-01-5
              

 A. 5422                             2
 
 INJURIES TO PERSON OR PROPERTY RESULTING  FROM  THE  VIOLATION  OF  SUCH
 STATUTE IN THE USE OR OPERATION OF SUCH PERSON'S OR OTHER PERSON'S VEHI-
 CLE.
   2.  THE TERMS "VEHICLE" AND "OWNER" SHALL HAVE THE SAME MEANINGS AS IN
 SECTION THREE  HUNDRED  EIGHTY-EIGHT  OF  THIS  ARTICLE.  THE  TERM  "IN
 CONCERT"  SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN SECTION
 125.15 OF THE PENAL LAW.
   3. ALL BONDS EXECUTED BY OR POLICIES OF INSURANCE ISSUED TO THE  OWNER
 OF ANY VEHICLE SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL CONTAIN A
 PROVISION  FOR INDEMNITY OR SECURITY AGAINST THE LIABILITY AND RESPONSI-
 BILITY PROVIDED IN THIS SECTION; PROVIDED HOWEVER, EXCEPT AS PROVIDED IN
 PARAGRAPHS ONE AND TWO OF SUBSECTION (G) OF SECTION THREE THOUSAND  FOUR
 HUNDRED  TWENTY  OF  THE  INSURANCE  LAW,  THIS  PROVISION  SHALL NOT BE
 CONSTRUED AS REQUIRING THAT SUCH A POLICY INCLUDE INSURANCE AGAINST  ANY
 LIABILITY  OF THE INSURED, BEING AN INDIVIDUAL, FOR DEATH OF OR INJURIES
 TO THEIR SPOUSE OR FOR INJURY TO PROPERTY OF  THEIR  SPOUSE,  WHERE  THE
 INJURED  SPOUSE,  TO  BE  ENTITLED  TO  RECOVER, MUST PROVE THE CULPABLE
 CONDUCT OF THE INSURED SPOUSE.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.