S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6150
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 28, 2019
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to vehicular assault and
   vehicular manslaughter
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  3  of  section  120.03  of the penal law, as
 amended by chapter 732 of the laws of 2006, is amended and a new  subdi-
 vision 4 is added to read as follows:
   (3) 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  para-
 graph (a) of subdivision one of section twenty-two hundred eighty-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 impairment 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[.],
 OR
   (4) OPERATES A MOTOR VEHICLE WITHOUT HAVING BEEN LICENSED TO OPERATE A
 MOTOR VEHICLE IN THE STATE OF NEW YORK, AND WHILE OPERATING  SAID  MOTOR
 VEHICLE CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON.
   § 2. Subdivisions 5 and 6 of section 125.13 of the penal law, subdivi-
 sion  5 as amended and subdivision 6 as added by chapter 496 of the laws
 of 2009, are amended and a  new  subdivision  7  is  added  to  read  as
 follows:
   (5)  has  previously been convicted of violating any provision of this
 article or article one hundred twenty of this title involving the opera-
 tion of a motor vehicle, or was convicted in any other state  or  juris-
 diction  of an offense involving the operation of a motor vehicle which,

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

                                                            LBD04383-01-9

 A. 6150                             2
 
 if committed in this state, would constitute a violation of this article
 or article one hundred twenty of this title; [or]
   (6)  commits  such crime while operating a motor vehicle while a child
 who is fifteen years of age or less is a passenger in such motor vehicle
 and causes the death of such child[.]; OR
   (7) OPERATES A MOTOR VEHICLE WITHOUT HAVING BEEN LICENSED TO OPERATE A
 MOTOR VEHICLE IN THE STATE OF NEW YORK, AND WHILE OPERATING  SAID  MOTOR
 VEHICLE CAUSES THE DEATH OF ANOTHER PERSON.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.