NY State Senate Bill 2011-S3830

Senate Bill S3830

2011-2012 Legislative Session

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

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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 04, 2012	referred to codes
Mar 07, 2011	referred to codes

co-Sponsors

2011-S3830 (ACTIVE) - Details

See Assembly Version of this Bill:: A4376
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §125.12, Pen L
Versions Introduced in 2009-2010 Legislative Session:: S6624, A8351

2011-S3830 (ACTIVE) - Summary

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

2011-S3830 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3830

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

SUMMARY OF PROVISIONS:
Adds a new subdivision 1-a to section 125.12 of the penal law 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 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:
2010: S.6624 - Referred to Codes

FISCAL IMPLICATIONS:
None.

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

2011-S3830 (ACTIVE) - Bill Text download pdf

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

                                  3830

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 7, 2011
                               ___________

Introduced  by  Sens. JOHNSON, SEWARD -- 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. Section 125.12 of the penal law is amended by adding a  new
subdivision 1-a to read as follows:
  (1-A)  OPERATES  A  MOTOR VEHICLE IN VIOLATION OF SECTION FIVE HUNDRED
ELEVEN OF THE VEHICLE AND TRAFFIC LAW AND OPERATES SUCH MOTOR VEHICLE 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.
                                                           LBD06633-01-1

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Senate Bill S3830

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Sponsored By

Owen H. Johnson