S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    531
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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 aggravated vehicular homi-
   cide
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as "Jocelyn's
 Law".
   § 2. Section 125.14 of the penal law, as amended by chapter 496 of the
 laws of 2009, is amended to read as follows:
 § 125.14 Aggravated vehicular homicide.
   A person is guilty of aggravated vehicular homicide  when  he  or  she
 EITHER:
   (1)  engages  in reckless driving as defined by section twelve hundred
 twelve of the vehicle and traffic law, and commits the crime of  vehicu-
 lar  manslaughter  in  the second degree as defined in section 125.12 of
 this article, and either:
   [(1)] (A) commits such crimes while operating a  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;
   [(2)] (B) commits such crimes while knowing or having reason  to  know
 that:  [(a)] (I) his or her license or his or her privilege of operating
 a motor vehicle in another state or his or her privilege of obtaining  a
 license  to  operate  a  motor  vehicle in another state is suspended or
 revoked and such suspension or revocation is based upon a conviction  in
 such other state for an offense which would, if committed in this state,
 constitute  a  violation  of  any  of  the  provisions of section eleven
 hundred ninety-two of the vehicle and traffic law; or [(b)] (II) his  or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02698-01-9

 S. 531                              2
 
 her license or his or her privilege of operating a motor vehicle in this
 state  or  his  or  her  privilege  of obtaining a license issued by the
 commissioner of motor vehicles is suspended or revoked and such  suspen-
 sion  or revocation is based upon either a refusal to submit to a chemi-
 cal test pursuant to section eleven hundred ninety-four of  the  vehicle
 and  traffic law or following a conviction for a violation of any of the
 provisions of section eleven hundred ninety-two of the vehicle and traf-
 fic law;
   [(3)] (C) has previously  been  convicted  of  violating  any  of  the
 provisions of section eleven hundred ninety-two of the vehicle and traf-
 fic  law within the preceding ten years, provided that, for the purposes
 of this subdivision, a conviction in any other state or jurisdiction for
 an offense which,  if  committed  in  this  state,  would  constitute  a
 violation  of section eleven hundred ninety-two of the vehicle and traf-
 fic law, shall be treated as a violation of such law;
   [(4)] (D) causes the death of more than one other person;
   [(5)] (E) causes the death of one  person  and  the  serious  physical
 injury of at least one other person;
   [(6)]  (F) has previously been convicted of violating any provision of
 this article or article one hundred twenty of this title  involving  the
 operation  of  a  motor  vehicle, or was convicted in any other state or
 jurisdiction of an offense involving the operation of  a  motor  vehicle
 which,  if committed in this state, would constitute a violation of this
 article or article one hundred twenty of this title; or
   [(7)] (G) 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
   (2) COMMITS THE CRIME OF VEHICULAR MANSLAUGHTER IN THE  SECOND  DEGREE
 AS  DEFINED  IN  SECTION 125.12 OF THIS ARTICLE, AND HAS PREVIOUSLY BEEN
 CONVICTED THREE TIMES OF VIOLATING  ANY  PROVISIONS  OF  SECTION  ELEVEN
 HUNDRED  NINETY-TWO  OF THE VEHICLE AND TRAFFIC LAW WITHIN THE PRECEDING
 TEN YEARS, PROVIDED THAT,  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  A
 CONVICTION  IN  ANY OTHER STATE OR JURISDICTION FOR AN OFFENSE WHICH, IF
 COMMITTED IN THIS STATE, WOULD CONSTITUTE A VIOLATION OF SECTION  ELEVEN
 HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, SHALL BE TREATED AS A
 VIOLATION OF SUCH LAW.
   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.
   Aggravated vehicular homicide is a class B felony.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.