BILL NUMBER:  S6748A

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to the
penalty for a moving violation which results in the serious bodily
injury or death of another person

 SUMMARY OF BILL :

This legislation will provide a minimum penalty for persons who commit
a moving violation (violation of Title 7 in the Vehicle and Traffic
Law), should such violation result in death or serious bodily injury
of another.

Section 1: Creates a new paragraph I of Section 1800 of the Vehicle
and traffic Law, creating a penalty for a moving violation with a
motor vehicle that results in the serious bodily injury or death of
another person, to be guilty of a misdemeanor, which shall be
punishable by a fine of no less than three hundred dollars, or
imprisonment of not more than thirty days, or both such fine and
imprisonment, and the completion of a motor vehicle accident
prevention course, as defined by article twelve-B of the vehicle and
traffic law.

The lines - "shall be guilty of a misdemeanor, which shall be
              

punishable by a fine of no less than three hundred dollars, or
imprisonment of not more than thirty days or both such fine and
imprisonment" - is similar to the NYC Administrative Code Section
19-190 Right of Way Paragraph B lines 4 and 5. This language will keep
the penalty state-wide on par with what the New York City
Administrative Code already has on the books.

Section 2: Sets the enactment date.

 JUSTIFICATION :

Currently, there is no penalty for committing a moving violation in
vehicle and traffic law, that results in the death or serious bodily
injury - unless such moving violation is considered Vehicular
Manslaughter - the violation of serious vehicle and traffic laws; IE,
driving under the influence or driving with a revoked/suspended
license. In these serious scenarios, the result is a felony charge.
We have heard from police officers and parents of victims across the
state who are dealing with the death of a loved-one as a result of
another's driving infractions that do not raise to the level of a
Vehicular Manslaughter charge.

Recently in Monroe County, a driver was charged with violating section
1142 of the vehicle and traffic law - failure to yield the right of
way - when failing to stop at a yield sign when pulling onto a main
road, while striking and killing an oncoming motorcyclist. The driver
of the car was only charged with a $30 fine for failing to yield the
right of way. We believe that these less serious offenses should
result in larger minimum penalties, should they result in the serious
bodily injury or death of another.

Other States currently set minimum and maximum fines, misdemeanor and
felony punishments, etc. for moving violations that causes serious
impairment of a body function or death of another person for multiple
scenarios - IE. Misconduct with a motor vehicle, criminal negligence
in the operation of a motor vehicle, negligent homicide with a motor
vehicle, different degrees of vehicular manslaughter, etc.

Our neighbors in Connecticut have different layers of laws relating to
manslaughter with a motor vehicle. The most relatable offense that CT
has on the books, which relates to this proposal, is Negligent
Homicide with a Motor Vehicle (CGS Section 14-222a) - which states:
Any person who, in consequence of the negligent operation of a
commercial motor vehicle, causes the death of another person shall be
fined not more than two thousand five hundred dollars or imprisoned
not more than six months, or both.

In Pennsylvania, unintentionally killings such as committing a moving
violation would be categorized as Involuntary manslaughter. In PA,
Involuntary manslaughter is a first degree misdemeanor, with potential
punishment of a term of imprisonment for up to five years - and if the
defendant committed involuntary manslaughters as the parent,
caregiver, or custodian of a child under the age of twelve, state law
increases the criminal charge to a second degree felony.

This legislation simply looks to create a misdemeanor with a minimum
financial penalty while requiring the completion of an accident
prevention course for the violators of vehicle and traffic law whose
actions result in the death or serious bodily injury of another -
similar to our neighboring states.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect 60 days after enactment.