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

                                 4772--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 23, 2013
                               ___________

Introduced  by Sens. GALLIVAN, NOZZOLIO -- read twice and ordered print-
  ed, and when printed to be committed to  the  Committee  on  Codes  --
  recommitted  to  the Committee on Codes in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

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. This act shall be known and  may  be  cited  as  "Jocelyn's
Law".
  S 2. 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10139-02-3
              

S. 4772--A                          2

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-
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 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.