S T A T E O F N E W Y O R K
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4150
2013-2014 Regular Sessions
I N S E N A T E
March 12, 2013
___________
Introduced by Sen. FLANAGAN -- 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 aggravated vehicular homi-
cide and violent felony offenses; to amend the navigation law, in
relation to the definition of pleasure vessel; and to amend the vehi-
cle and traffic law, in relation to reckless driving
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
engages in reckless driving as defined by section twelve hundred twelve
of the vehicle and traffic law, and commits the crime of vehicular
manslaughter in the second degree as defined in section 125.12 of this
article, and either:
(1) 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 elev-
en hundred ninety-four of the vehicle and traffic law OR WHILE OPERATING
A VESSEL OR PUBLIC VESSEL 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 FORTY-NINE-A OF THE NAVIGATION LAW;
(2) commits such crimes while knowing or having reason to know that:
(a) 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08600-05-3
S. 4150 2
constitute a violation of any of the provisions of section eleven
hundred ninety-two of the vehicle and traffic law OR SECTION
FORTY-NINE-A OF THE NAVIGATION LAW; or (b) 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 suspension or revocation is
based upon either a refusal to submit to a chemical test pursuant to
section eleven hundred ninety-four of the vehicle and traffic law OR
SECTION FORTY-NINE-A OF THE NAVIGATION LAW or following a conviction for
a violation of any of the provisions of section eleven hundred ninety-
two of the vehicle and traffic law OR A VIOLATION OF ANY PROVISIONS OF
SECTION FORTY-NINE-A OF THE NAVIGATION LAW;
(3) has previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of the vehicle and traffic law OR
SECTION FORTY-NINE-A OF THE NAVIGATION 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 nine-
ty-two of the vehicle and traffic law, OR SECTION FORTY-NINE-A OF THE
NAVIGATION LAW shall be treated as a violation of such law;
(4) causes the death of more than one other person;
(5) causes the death of one person and the serious physical injury of
at least one other person;
(6) has previously been convicted of violating any provision of this
article or article one hundred twenty of this title involving the opera-
tion of a [motor] vehicle, or was convicted in any other state or juris-
diction 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) 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] vehi-
cle and causes the death of such child.
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. Paragraph (c) of subdivision 6 of section 2 of the navigation
law, as amended by chapter 484 of the laws of 2005, is amended to read
as follows:
(c) "Pleasure vessel" shall mean and include every vessel INCLUDING
ANY VESSEL POWERED BY SAIL, not within the classification of public
vessel or residential vessel. However, the provisions of this chapter
shall not apply to rowboats, canoes and kayaks except as otherwise
expressly provided.
S 3. Section 1212 of the vehicle and traffic law, as added by chapter
47 of the laws of 1988, is amended to read as follows:
S 1212. Reckless driving. Reckless driving shall mean driving or using
any motor vehicle, VESSEL OR PUBLIC VESSEL AS DEFINED BY SECTION FORTY-
NINE-A OF THE NAVIGATION LAW, motorcycle, SNOWMOBILE, SNOW PLOWS, TRAC-
TORS, FARM EQUIPMENT, ALL TERRAIN TYPE VEHICLES, or any other vehicle OR
S. 4150 3
VESSEL propelled by any power other than muscular power or any appliance
or accessory thereof in a manner which unreasonably interferes with the
free and proper use of the public highway OR NAVIGABLE WATERWAYS, or
unreasonably endangers users of the public highway OR NAVIGABLE WATER-
WAYS. Reckless driving is prohibited. Every person violating this
provision shall be guilty of a misdemeanor.
S 4. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 320 of the laws of 2006, is amended to read as
follows:
(a) Class B violent felony offenses: an attempt to commit the class
A-I felonies of murder in the second degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act in the first
degree as defined in section 130.50, aggravated sexual abuse in the
first degree as defined in section 130.70, course of sexual conduct
against a child in the first degree as defined in section 130.75;
assault in the first degree as defined in section 120.10, AGGRAVATED
VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14, kidnapping in the
second degree as defined in section 135.20, burglary in the first degree
as defined in section 140.30, arson in the second degree as defined in
section 150.15, robbery in the first degree as defined in section
160.15, incest in the first degree as defined in section 255.27, crimi-
nal possession of a weapon in the first degree as defined in section
265.04, criminal use of a firearm in the first degree as defined in
section 265.09, criminal sale of a firearm in the first degree as
defined in section 265.13, aggravated assault upon a police officer or a
peace officer as defined in section 120.11, gang assault in the first
degree as defined in section 120.07, intimidating a victim or witness in
the first degree as defined in section 215.17, hindering prosecution of
terrorism in the first degree as defined in section 490.35, criminal
possession of a chemical weapon or biological weapon in the second
degree as defined in section 490.40, and criminal use of a chemical
weapon or biological weapon in the third degree as defined in section
490.47.
S 5. Section 134 of the vehicle and traffic law is amended to read as
follows:
S 134. Public highway. Any highway, road, street, avenue, alley,
public place, public driveway, PUBLIC WATERWAY OR WATERS OF THE STATE AS
DEFINED IN SECTION FORTY-NINE-A OF THE NAVIGATION LAW or any other
public way.
S 6. Section 125.13 of the penal law, as amended by chapter 496 of the
laws of 2009, is amended to read as follows:
S 125.13 Vehicular manslaughter in the first degree.
A person is guilty of vehicular manslaughter in the first degree when
he or she commits the crime of vehicular manslaughter in the second
degree as defined in section 125.12 of this article, and either:
(1) commits such crime 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 elev-
en hundred ninety-four of the vehicle and traffic law OR WHILE OPERATING
A VESSEL OR PUBLIC VESSEL WHILE SUCH PERSON HAS .18 OF ONE PER CENTUM OR
MORE BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD AS SHOWN BY CHEMICAL
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ANALYSIS OF SUCH PERSON'S BLOOD, BREATH, URINE OR SALIVA MADE PURSUANT
TO THE PROVISIONS OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW;
(2) commits such crime while knowing or having reason to know that:
(a) 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 SECTION
FORTY-NINE-A OF THE NAVIGATION LAW; or (b) his or her license or his or
her privilege of operating a [motor] vehicle in the state or his or her
privilege of obtaining a license issued by the commissioner of motor
vehicles is suspended or revoked and such suspension or revocation is
based upon either a refusal to submit to a chemical test pursuant to
section eleven hundred ninety-four of the vehicle and traffic law OR
SECTION FORTY-NINE-A OF THE NAVIGATION LAW, or following a conviction
for a violation of any of the provisions of section eleven hundred nine-
ty-two of the vehicle and traffic law OR A VIOLATION OF ANY PROVISIONS
OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW;
(3) has previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of the vehicle and traffic law OR
SECTION FORTY-NINE-A OF THE NAVIGATION 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 nine-
ty-two of the vehicle and traffic law OR SECTION FORTY-NINE-A OF THE
NAVIGATION LAW, shall be treated as a violation of such law;
(4) causes the death of more than one other person;
(5) has previously been convicted of violating any provision of this
article or article one hundred twenty of this title involving the opera-
tion of a [motor] vehicle, or was convicted in any other state or juris-
diction 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
(6) 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] vehi-
cle and causes the death of such child.
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.
Vehicular manslaughter in the first degree is a class C felony.
S 7. Section 125.12 of the penal law, as amended by chapter 732 of the
laws of 2006, is amended to read as follows:
S 125.12 Vehicular manslaughter in the second degree.
A person is guilty of vehicular manslaughter in the second degree when
he or she causes the death of another person, and either:
(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 vessel or public vessel in violation of para-
S. 4150 5
graph (b), (c), (d) or (e) of subdivision 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 alco-
hol and any drug or drugs, operates such [motor] vehicle, vessel or
public vessel in a manner that causes the death of such other person, or
(2) operates a [motor] vehicle with a gross vehicle weight rating of
more than eighteen thousand pounds which contains flammable gas, radio-
active materials or explosives in violation of subdivision one of
section eleven hundred ninety-two of the vehicle and traffic law OR
SECTION FORTY-NINE-A OF THE NAVIGATION LAW, and such flammable gas,
radioactive materials or explosives is the cause of such death, and as a
result of such impairment by the use of alcohol, operates such [motor]
vehicle in a manner that causes the death of such other person, or
(3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision one of section 25.24 of the parks, recreation and historic
preservation law or operates an all terrain vehicle as defined in para-
graph (a) of subdivision one of section twenty-two hundred eighty-one of
the vehicle and traffic law in violation of subdivision two, three,
four, or four-a of section eleven hundred ninety-two of the vehicle and
traffic 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, operates such snowmobile or all terrain vehicle in a
manner that causes the death of such other person.
If it is established that the person operating such [motor vehicle,
vessel, public vessel, snowmobile or all terrain] vehicle caused such
death while unlawfully intoxicated or impaired by the use of alcohol or
a drug, 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, vessel, public vessel, snowmo-
bile or all terrain] vehicle in a manner that caused such death, as
required by this section.
Vehicular manslaughter in the second degree is a class D felony.
S 8. This act shall take effect on the one hundred twentieth day after
it shall have become a law.