S T A T E O F N E W Y O R K
________________________________________________________________________
7112
2013-2014 Regular Sessions
I N A S S E M B L Y
May 1, 2013
___________
Introduced by M. of A. GABRYSZAK -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to aggravated vehicular homi-
cide
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 125.14 of the penal law, as amended by chapter 496
of the laws of 2009, is amended to read as follows:
S 125.14 Aggravated vehicular homicide.
A person is guilty of aggravated vehicular homicide when he or she
EITHER:
(1) engages in reckless driving as defined by section twelve hundred
twelve of the vehicle and traffic law, and commits the crime of vehicu-
lar manslaughter in the second degree as defined in section 125.12 of
this article, and either:
[(1)] (A) commits such crimes while operating a motor vehicle while
such person has .18 of one per centum or more by weight of alcohol in
such person's blood as shown by chemical analysis of such person's
blood, breath, urine or saliva made pursuant to the provisions of
section eleven hundred ninety-four of the vehicle and traffic law;
[(2)] (B) commits such crimes while knowing or having reason to know
that: [(a)] (I) his or her license or his or her 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 and such suspension or revocation is based upon a conviction in
such other state for an offense which would, if committed in this state,
constitute a violation of any of the provisions of section eleven
hundred ninety-two of the vehicle and traffic law; or [(b)] (II) his or
her license or his or her privilege of operating a motor vehicle in this
state or his or her privilege of obtaining a license issued by the
commissioner of motor vehicles is suspended or revoked and such suspen-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10139-01-3
A. 7112 2
sion or revocation is based upon either a refusal to submit to a chemi-
cal test pursuant to section eleven hundred ninety-four of the vehicle
and traffic law or following a conviction for a violation of any of the
provisions of section eleven hundred ninety-two of the vehicle and traf-
fic law;
[(3)] (C) has previously been convicted of violating any of the
provisions of section eleven hundred ninety-two of the vehicle and traf-
fic law within the preceding ten years, provided that, for the purposes
of this subdivision, a conviction in any other state or jurisdiction for
an offense which, if committed in this state, would constitute a
violation of section eleven hundred ninety-two of the vehicle and traf-
fic law, shall be treated as a violation of such law;
[(4)] (D) causes the death of more than one other person;
[(5)] (E) causes the death of one person and the serious physical
injury of at least one other person;
[(6)] (F) has previously been convicted of violating any provision of
this article or article one hundred twenty of this title involving the
operation of a motor vehicle, or was convicted in any other state or
jurisdiction of an offense involving the operation of a motor vehicle
which, if committed in this state, would constitute a violation of this
article or article one hundred twenty of this title; or
[(7)] (G) commits such crime while operating a motor vehicle while a
child who is fifteen years of age or less is a passenger in such motor
vehicle and causes the death of such child[.]; OR
(2) COMMITS THE CRIME OF VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE
AS DEFINED IN SECTION 125.12 OF THIS ARTICLE, AND HAS PREVIOUSLY BEEN
CONVICTED THREE TIMES OF VIOLATING ANY PROVISIONS OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW WITHIN THE PRECEDING
TEN YEARS, PROVIDED THAT, FOR THE PURPOSES OF THIS SUBDIVISION, A
CONVICTION IN ANY OTHER STATE OR JURISDICTION FOR AN OFFENSE WHICH, IF
COMMITTED IN THIS STATE, WOULD CONSTITUTE A VIOLATION OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, SHALL BE TREATED AS A
VIOLATION OF SUCH LAW.
If it is established that the person operating such motor vehicle
caused such death or deaths while unlawfully intoxicated or impaired by
the use of alcohol or a drug, or by the combined influence of drugs or
of alcohol and any drug or drugs, then there shall be a rebuttable
presumption that, as a result of such intoxication or impairment by the
use of alcohol or a drug, or by the combined influence of drugs or of
alcohol and any drug or drugs, such person operated the motor vehicle in
a manner that caused such death or deaths, as required by this section
and section 125.12 of this article.
Aggravated vehicular homicide is a class B 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.