Assembly Bill A3936

2009-2010 Legislative Session

Creates the crime of vehicular manslaughter in the third degree

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2009-A3936 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง125.11-a, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4625
2013-2014: A4504
2015-2016: A4806
2017-2018: A5479
2019-2020: A5025

2009-A3936 (ACTIVE) - Summary

Creates the crime of vehicular manslaughter in the third degree, a class E felony, wherein a person operates a motor vehicle negligently so that the lives or safety of the public might be endangered and by any such operation causes the death of another person.

2009-A3936 (ACTIVE) - Bill Text download pdf 

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

                                  3936

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M.  of A. RAIA, ALFANO, BURLING, GIGLIO, KOLB, WALKER --
  Multi-Sponsored by -- M.  of  A.  BACALLES,  BARCLAY,  BARRA,  BUTLER,
  CALHOUN, CONTE, ERRIGO, FINCH, FITZPATRICK, McDONOUGH, McKEVITT, MILL-
  ER, O'MARA, SAYWARD, THIELE, TOWNSEND -- read once and referred to the
  Committee on Codes

AN  ACT  to  amend  the  penal law, in relation to creating the crime of
  vehicular manslaughter in the third degree

  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 125.11-a
to read as follows:
S 125.11-A VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE.
  (1) A PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN THE  THIRD  DEGREE
WHEN HE OR SHE OPERATES A MOTOR VEHICLE NEGLIGENTLY SO THAT THE LIVES OR
SAFETY OF THE PUBLIC MIGHT BE ENDANGERED AND BY ANY SUCH OPERATION CAUS-
ES THE DEATH OF ANOTHER PERSON.
  (2)  IN  ANY  PROSECUTION UNDER THIS SECTION, IT SHALL BE A REBUTTABLE
PRESUMPTION THAT SUCH DEATH WAS CAUSED IN WHOLE OR IN  SUBSTANTIAL  PART
BY  THE  ACTOR'S  INTOXICATION  OR  IMPAIRMENT  BY  THE USE OF A DRUG IN
VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND  TRAF-
FIC LAW.
  VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE IS A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06592-01-9

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