S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3299
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by Sens. GIANARIS, ADDABBO, AVELLA, BRESLIN, HOYLMAN, LATIM-
   ER, PARKER, STAVISKY -- read  twice  and  ordered  printed,  and  when
   printed to be committed to the Committee on Codes
 
 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:
 § 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
 such serious physical injury, and as a result of such impairment by  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06453-01-7

 S. 3299                             2
 
 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.
   § 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:
   § 3. The penal law is amended by adding a new section 125.13-a to read
 as follows:
 § 125.13-A 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.