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

                                  9160

                          I N  A S S E M B L Y

                             March 24, 2014
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to expanding the  definitions
  of  vehicular assault in the first degree and vehicular assault in the
  second degree to include offenses involving use of  a  portable  elec-
  tronic device while driving; and to amend the vehicle and traffic law,
  in relation to expanding the definition of reckless driving to include
  offenses involving use of a portable electronic device while driving

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

  Section 1. Section 120.03 of the penal law, as amended by chapter  732
of the laws of 2006, is amended to read as follows:
S 120.03 Vehicular assault in the second degree.
  A  person  is guilty of vehicular assault in the second degree when he
or she causes serious physical injury to 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-
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 such serious physical injury to 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, and
such flammable gas, radioactive materials or explosives is the cause  of
such  serious physical injury, and as a result of such impairment by the
use of alcohol, operates such motor vehicle in a manner that causes such
serious physical injury to 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

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

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A. 9160                             2

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 and 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 such serious physical injury to such other person; OR
  (4)  OPERATES  A  MOTOR VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
TWENTY-FIVE-D OF THE VEHICLE AND TRAFFIC LAW, AND  OPERATES  SUCH  MOTOR
VEHICLE  IN  A  MANNER  THAT CAUSES SUCH SERIOUS PHYSICAL INJURY TO SUCH
OTHER PERSON.
  If it is established that the person  operating  such  motor  vehicle,
vessel,  public  vessel,  snowmobile  or all terrain vehicle caused such
serious physical injury 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 alco-
hol 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, snowmobile or all terrain vehicle in a manner that caused
such serious physical injury, as required by this section.
  Vehicular assault in the second degree is a class E felony.
  S 2. Section 120.04 of the penal law, as amended by chapter 496 of the
laws of 2009, is amended to read as follows:
S 120.04 Vehicular assault in the first degree.
  A person is guilty of vehicular assault in the first degree when he or
she commits the crime of vehicular  assault  in  the  second  degree  as
defined in section 120.03 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;
  (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 (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
following a conviction for a violation  of  any  of  the  provisions  of
section eleven hundred ninety-two of the vehicle and traffic law;
  (3)  has  previously been convicted of violating any of the 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;
  (4) causes serious physical injury to more than one other person;

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  (5)  has  previously been convicted of violating any provision of this
article or article one hundred twenty-five 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-five 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 vehicle
and causes serious physical injury to such child; OR
  (7)  HAS  PREVIOUSLY  BEEN  CONVICTED  OF  VIOLATING  ANY PROVISION OF
SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THE VEHICLE AND TRAFFIC LAW,  OR
WAS CONVICTED IN ANY OTHER STATE OR JURISDICTION OF AN OFFENSE INVOLVING
THE  OPERATION  OF  A  MOTOR  VEHICLE  WHILE USING A PORTABLE ELECTRONIC
DEVICE WHICH, IF COMMITTED IN THIS STATE, WOULD CONSTITUTE  A  VIOLATION
OF SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THE VEHICLE AND TRAFFIC LAW.
  If  it  is  established  that  the person operating such motor vehicle
caused such serious physical injury or injuries while unlawfully intoxi-
cated 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 serious physical injury or
injuries, as required by this section and section 120.03 of  this  arti-
cle.
  Vehicular assault in the first degree is a class D felony.
  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:
  (1) driving or using any motor vehicle, motorcycle or any other  vehi-
cle 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  unreasonably  endangers
users of the public highway; OR
  (2)  DRIVING OR USING ANY MOTOR VEHICLE, MOTORCYCLE OR ANY OTHER VEHI-
CLE PROPELLED BY ANY POWER OTHER THAN MUSCULAR POWER OR ANY APPLIANCE OR
ACCESSORY THEREOF WHILE USING A PORTABLE ELECTRONIC DEVICE IN  VIOLATION
OF  THE PROVISIONS OF SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THIS ARTI-
CLE.  Reckless  driving  is  prohibited.  Every  person  violating  this
provision shall be guilty of a misdemeanor.
  S 4. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.