Assembly Bill A5479

2017-2018 Legislative Session

Creates the crime of vehicular manslaughter in the third degree

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A5479 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §125.11-a, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3936
2011-2012: A4625
2013-2014: A4504
2015-2016: A4806
2019-2020: A5025

2017-A5479 (ACTIVE) - Summary

Creates the crime of vehicular manslaughter in the third degree, a class E felony, wherein a person operates a motor vehicle negligently so that the lives or safety of the public might be endangered and by any such operation causes the death of another person.

2017-A5479 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5479
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced  by M. of A. RAIA, GIGLIO, KOLB, MALLIOTAKIS, FINCH -- Multi-
   Sponsored by -- M. of A. BARCLAY,  BLANKENBUSH,  BUTLER,  FITZPATRICK,
   HAWLEY,  McDONOUGH,  McKEVITT,  MURRAY, PALMESANO, THIELE -- read once
   and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  creating  the  crime  of
   vehicular manslaughter in the third degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new  section  125.11-a
 to read as follows:
 § 125.11-A VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE.
   (1)  A  PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE
 WHEN HE OR SHE OPERATES A MOTOR VEHICLE NEGLIGENTLY SO THAT THE LIVES OR
 SAFETY OF THE PUBLIC MIGHT BE ENDANGERED AND BY ANY SUCH OPERATION CAUS-
 ES THE DEATH OF ANOTHER PERSON.
   (2) IN ANY PROSECUTION UNDER THIS SECTION, IT SHALL  BE  A  REBUTTABLE
 PRESUMPTION  THAT  SUCH DEATH WAS CAUSED IN WHOLE OR IN SUBSTANTIAL PART
 BY THE ACTOR'S INTOXICATION OR IMPAIRMENT  BY  THE  USE  OF  A  DRUG  IN
 VIOLATION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAF-
 FIC LAW.
   VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE IS A CLASS E FELONY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06902-01-7

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