S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3986
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the penal law, in relation to leaving the scene of a
   motor vehicle accident that caused the death of a person or persons
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The second undesignated paragraph of section 125.14 of the
 penal law, as amended by chapter 496 of the laws of 2009, is amended  to
 read as follows:
   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. IF THE PERSON OPERATING  SUCH  MOTOR
 VEHICLE  LEAVES  THE  SCENE  OF  THE ACCIDENT THAT RESULTED IN THE DEATH
 DESCRIBED IN THIS ARTICLE IN THE MANNER DEFINED IN  SUBDIVISION  TWO  OF
 SECTION  SIX  HUNDRED  OF THE VEHICLE AND TRAFFIC LAW, THEN HE OR SHE IS
 PRESUMED TO HAVE BEEN OPERATING THE 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, AT THE TIME OF  SUCH
 ACCIDENT.
   §  2.  The  second  undesignated  paragraph of section 120.04-a of the
 penal law, as amended by chapter 496 of the laws of 2009, is amended  to
 read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07250-01-9
              

 A. 3986                             2
 
   If  it  is  established  that  the person operating such motor vehicle
 caused such serious physical injury or injuries while unlawfully intoxi-
 cated 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 serious physical injury or
 injuries, as required by this section and section 120.03 of  this  arti-
 cle.  IF THE PERSON OPERATING SUCH MOTOR VEHICLE LEAVES THE SCENE OF THE
 ACCIDENT THAT RESULTED IN THE INJURIES DESCRIBED IN THIS ARTICLE IN  THE
 MANNER  DEFINED IN SUBDIVISION TWO OF SECTION SIX HUNDRED OF THE VEHICLE
 AND TRAFFIC LAW, THEN HE OR SHE IS PRESUMED TO HAVE BEEN  OPERATING  THE
 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, AT THE TIME OF SUCH ACCIDENT.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.