S T A T E   O F   N E W   Y O R K
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                                 3536--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2015
                               ___________

Introduced  by  M.  of  A.  MARKEY,  LENTOL,  McDONOUGH -- read once and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the penal law,  in  relation  to  including  within  the
  offense  of  vehicular  assault  in  the second degree, the causing of
  serious injury while  knowingly  operating  a  motor  vehicle  with  a
  revoked or suspended license or while not holding a license and estab-
  lishing the offense of vehicular homicide

  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:
  1. serious physical injury to another person, and either:
  [(1)] (A) operates a motor vehicle in violation  of  subdivision  two,
three,  four or four-a of section eleven hundred ninety-two of the vehi-
cle and traffic law or operates a vessel or public vessel  in  violation
of  paragraph  (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 alcohol 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)](B) operates a motor vehicle with a gross vehicle  weight  rating
of  more  than  eighteen  thousand  pounds which contains flammable gas,
radioactive 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05721-05-5
              

A. 3536--A                          2

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)]  (C) 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 paragraph (a) of subdivision one of section twenty-two hundred eight-
y-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 impair-
ment 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.
  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.] SUBDIVI-
SION; OR
  2. SERIOUS PHYSICAL INJURY TO ANOTHER PERSON, WHILE OPERATING A  MOTOR
VEHICLE,  KNOWING OR HAVING REASON TO KNOW THAT HIS OR HER LICENSE TO OR
PRIVILEGE TO OPERATE A MOTOR VEHICLE IS SUSPENDED OR REVOKED PURSUANT TO
SUBDIVISION TWO OR TWO-A OF SECTION FIVE HUNDRED TEN OR SUBDIVISION  ONE
OR  THREE  OF  SECTION FIVE HUNDRED TEN-A OF THE VEHICLE AND TRAFFIC LAW
FOR CONDUCT RELATING TO THE OPERATION OF A MOTOR VEHICLE, OR KNOWING  OR
HAVING  REASON TO KNOW THAT HE OR SHE IS NOT LICENSED TO OPERATE A MOTOR
VEHICLE ON A PUBLIC HIGHWAY PURSUANT TO THE VEHICLE AND TRAFFIC LAW.
  Vehicular assault in the second degree is a class E felony.
  S 2. The opening paragraph of section 120.04  of  the  penal  law,  as
amended  by  chapter  496  of  the  laws  of 2009, is amended to read as
follows:
  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  SUBDIVISION  ONE  OF  section  120.03  of this article, and
either:
  S 3. The penal law is amended by adding a new section 125.16  to  read
as follows:
S 125.16 VEHICULAR HOMICIDE.
  A  PERSON  IS  GUILTY  OF VEHICULAR HOMICIDE WHEN HE OR SHE CAUSES THE
DEATH OF ANOTHER PERSON, WHILE OPERATING A  MOTOR  VEHICLE,  KNOWING  OR
HAVING REASON TO KNOW THAT HIS OR HER LICENSE TO OR PRIVILEGE TO OPERATE
A  MOTOR  VEHICLE IS SUSPENDED OR REVOKED PURSUANT TO SUBDIVISION TWO OR
TWO-A OF SECTION FIVE HUNDRED TEN OR SUBDIVISION ONE OR THREE OF SECTION
FIVE HUNDRED TEN-A OF THE VEHICLE AND TRAFFIC LAW FOR  CONDUCT  RELATING
TO THE OPERATION OF A MOTOR VEHICLE, OR KNOWING OR HAVING REASON TO KNOW
THAT  HE  OR  SHE IS NOT LICENSED TO OPERATE A MOTOR VEHICLE ON A PUBLIC
HIGHWAY PURSUANT TO THE VEHICLE AND TRAFFIC LAW.
  VEHICULAR HOMICIDE IS A CLASS D FELONY.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.