NY State Senate Bill 2009-S6624

Senate Bill S6624

2009-2010 Legislative Session

Includes the unlicensed operation of a motor vehicle within the crime of vehicular manslaughter in the second degree

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 20, 2010	referred to codes

2009-S6624 (ACTIVE) - Details

See Assembly Version of this Bill:: A8351
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §125.12, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S3830, A4376

2009-S6624 (ACTIVE) - Summary

Includes the unlicensed operation of a motor vehicle within the crime of vehicular manslaughter in the second degree.

2009-S6624 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6624

 TITLE OF BILL :
An act to amend the penal law, in relation to including the unlicensed
operation of a motor vehicle within the crime of vehicular
manslaughter in the second degree


 PURPOSE :
This bill will provide harsher penalties for the unlicensed operation
of a motor vehicle which results in the death or serious bodily injury
of another person.

 SUMMARY OF PROVISIONS :
This bill amends § 125.12 of the Penal Code by including a violation
of Vehicle and Traffic Law §511 (unlicensed operation) to the list of
offenses under said section which qualify as vehicular manslaughter in
the second degree.

 JUSTIFICATION :
In October of 1999, Udo Krauss was killed when an unlicensed driver
crossed the double yellow line and struck his vehicle head-on. The
unlicensed driver's penalty was a revocation of driving privileges for
180 days. The victim's family was left with no sense of justice and
continues to champion the implementation of stricter laws against
unlicensed drivers. Unfortunately, this is an all too common

occurrence that needs to be dealt with immediately.

Currently, the punishment for unlicensed operation of a motor vehicle
resulting in the injury or death of another which is not drug or
alcohol-related is only provided for in §511 of the Vehicle and
Traffic Law. The punishment for such is a fine of not more than $500,
a term of imprisonment for no more than 30 days and/or revocation of
driving privileges for 180 days.  Clearly this is an insufficient
consequence.

This legislation would amend § 125.12 of the Penal Code to include a
violation of VTL §511 in the list of offenses which qualify as
Vehicular Manslaughter in the second degree. Vehicular Manslaughter is
a Class D felony and punishable by a sentence of 1-7 years
imprisonment. It is the purpose of this legislation to provide an
adequate punishment for unlicensed drivers who strike and kill
innocent bystanders such as Mr. Krauss.

 LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
To be determined.

 LOCAL FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2009-S6624 (ACTIVE) - Bill Text download pdf

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

                                  6624

                            I N  S E N A T E

                            January 20, 2010
                               ___________

Introduced  by  Sen.  O. JOHNSON  -- 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  the  unlicensed
  operation of a motor vehicle within the crime of vehicular manslaught-
  er in the second degree

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of  section  125.12  of  the  penal  law,  as
amended  by  chapter  732  of  the  laws  of 2006, is amended to read as
follows:
  (1) operates a motor vehicle in violation of subdivision  two,  three,
four  or  four-a of section eleven hundred ninety-two of the vehicle and
traffic law or OPERATES A MOTOR VEHICLE IN  VIOLATION  OF  SECTION  FIVE
HUNDRED  ELEVEN  OF  THE VEHICLE AND TRAFFIC LAW OR operates a vessel or
public vessel in violation of paragraph (b), (c), (d) or (e) of subdivi-
sion two of section forty-nine-a of the navigation 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,  oper-
ates such motor vehicle, vessel or public vessel in a manner that causes
the death of such other person, or
  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.
                                                           LBD11861-01-9

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