NY State Senate Bill 2023-S6608

Senate Bill S6608

2023-2024 Legislative Session

Relates to arrest, prosecution, sentencing and penalties for offenses involving vehicular assault, manslaughter and homicide and operating a vehicle under the influence of drugs or alcohol

download bill text pdf

Current Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Apr 28, 2023	referred to codes

co-Sponsors

2023-S6608 (ACTIVE) - Details

See Assembly Version of this Bill:: A7072
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02, 70.06 & 70.25, Pen L; amd §§1194, 1193, 600 & 114-a, V & T L; amd §§160.10 & 30.30, CP L

2023-S6608 (ACTIVE) - Summary

Amends provisions involving the arrest, prosecution, sentencing and penalties for offenses involving vehicular assault, manslaughter and homicide; removes certain barriers to prosecution for operating a vehicle under the influence of drugs or alcohol.

2023-S6608 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6608                  Revised 5/3/2023

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the penal law, the vehicle and traffic law and the crim-
inal procedure law, in relation to arrest, prosecution, sentencing and
penalties for offenses involving vehicular assault, manslaughter and
homicide and operating a vehicle under the influence of drugs or alcohol

 
PURPOSE:

To reclassify vehicular crimes that result in serious physical injury
and/or death as violent crimes. Authorizes consecutive sentences for
vehicular crimes that result in multiple victim or mass casualty inci-
dents. Expedites the process for obtaining a warrant for a blood sample
when a drunk driver or drugged driver seriously injures or kills another
person.

 
SUMMARY OF PROVISIONS:

Section 1. Cites this act as Andrew's Law

Sections 2, 3, 6 and 7 to bring equality and equity to serious vehicular
crimes that result in serious physical injury and/or death under the v&t
law and under the penal law

Sections 4, 5, 8 and 9 to remove barriers and antiquated standards that
pose unnecessary challenges to achieving justice for vehicular crimes
that result in serious physical injury and/or death.

 
JUSTIFICATION:

On September 30, 2018, 12 year old Boy Scout Andrew McMorris, Thomas and
Denis Lane, Kaden Lynch and other members of Boy Scout Troop 161 were
hiking on the shoulder of David Terry Road in Suffolk County when a
drunk driver veered his SUV into them, violently mowing down multiple
members of the Troop.

Thomas Lane, 14, was hit first and suffered life-altering injuries that
required immediate surgery and drilling into his skull to treat him and
repair his severely fractured legs; his brother Denis Lane 16 was also
struck to his and face; 15 year old Kaden Lynch was struck next and
sustained injuries to his waist and abdomen.

Lastly, the force of the SUV catapulted 100 pound Andrew McMorris onto
the hood then vaulted him into air where his friends saw him spin and
land face down in the mud. Andrew's father was there and rushed to his
child whose body was contorted, mangled and gravely injured by the
violent strike from the several thousand pound SUV. Andrew would never
regain consciousness to even say goodbye to his loved ones. He survived
for only a short time before he succumbed to his grave injuries.

The driver had been drinking vodka all morning and refused a ride from a
sober friend. He also refused a field test, which he can do under
current law. This causes time to pass and benefits the drunk driver when
testing blood alcohol concentration (BAC).


For 1 death, 1 serious injury, 1 head injury, 1 minor injury and trauma-
tizing all men and boys for the rest of their lives the charges were
aggravated vehicular homicide in the second degree, manslaughter in the
second degree, assault in the second degree, assault in the third degree
and reckless driving. Had the driver caused the death of more boys or
multiple more children, he would have faced no additional sanction.
Meaning, if the driver ran down all 12 boys causing death or serious
injury to each of them, the result would have been the same as the above
described tragic outcome. Vehicular assault and homicide victims are the
only victims of violent crimes that are lumped together where a person
who kills or mains multiple individuals can commit consequence free mass
assaults or mass casualty homicides.

In an era where mass casualty incidents have been perpetrated by crimi-
nal actors using vehicles as a weapon New York State must adapt.  Crime
victims should not be treated differently based on the weapon of choice
used by their assailant. Equally, it is long overdue to resolve issues
in the law that make it hard to successfully gather critical evidence in
these cases, which also deprives victims of justice. It is time to bring
equality and equity in the law for victims of violent vehicular crimes
and mass casualty incidents.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
Immediately.

2023-S6608 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6608
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2023
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, the vehicle and traffic law and the crim-
   inal procedure law, in relation to arrest, prosecution, sentencing and
   penalties for offenses involving vehicular assault,  manslaughter  and
   homicide and operating a vehicle under the influence of drugs or alco-
   hol
 
   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 "Andrew's law".
   § 2. Subdivision 1 of section 70.02 of the penal  law,  as  separately
 amended  by  chapters  764 and 765 of the laws of 2005, paragraph (a) as
 amended by chapter 189 of the laws of 2018, paragraph (b) as amended  by
 chapter  94 of the laws of 2020, paragraph (c) as amended by chapter 134
 of the laws of 2019, and paragraph (d) as amended by chapter  7  of  the
 laws of 2007, is amended to read as follows:
   1. Definition of a violent felony offense. A violent felony offense is
 a  class  B  violent felony offense, a class C violent felony offense, a
 class D violent felony offense, or a class  E  violent  felony  offense,
 defined as follows:
   (a)  Class  B  violent felony offenses: an attempt to commit the class
 A-I felonies of murder in  the  second  degree  as  defined  in  section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson  in  the  first  degree  as  defined in section 150.20; AGGRAVATED
 VEHICULAR HOMICIDE AS DEFINED IN SECTION  125.14,  manslaughter  in  the
 first  degree  as  defined in section 125.20, aggravated manslaughter in
 the first degree as defined in section 125.22, rape in the first  degree
 as defined in section 130.35, criminal sexual act in the first degree as
 defined  in  section 130.50, aggravated sexual abuse in the first degree
 as defined in section 130.70, course of sexual conduct against  a  child
 in  the  first degree as defined in section 130.75; assault in the first
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11071-01-3

 S. 6608                             2
 
 degree as defined in section 120.10, kidnapping in the second degree  as
 defined  in  section  135.20, burglary in the first degree as defined in
 section 140.30, arson in the second degree as defined in section 150.15,
 robbery  in the first degree as defined in section 160.15, sex traffick-
 ing as defined in paragraphs (a) and (b) of subdivision five of  section
 230.34,  sex  trafficking  of  a  child  as defined in section 230.34-a,
 incest in the first  degree  as  defined  in  section  255.27,  criminal
 possession of a weapon in the first degree as defined in section 265.04,
 criminal  use  of  a  firearm  in the first degree as defined in section
 265.09, criminal sale of a firearm in the first  degree  as  defined  in
 section  265.13,  aggravated  assault  upon  a police officer or a peace
 officer as defined in section 120.11, gang assault in the  first  degree
 as  defined  in  section 120.07, intimidating a victim or witness in the
 first degree as defined in  section  215.17,  hindering  prosecution  of
 terrorism  in  the  first  degree as defined in section 490.35, criminal
 possession of a chemical weapon  or  biological  weapon  in  the  second
 degree  as  defined  in  section  490.40, and criminal use of a chemical
 weapon or biological weapon in the third degree as  defined  in  section
 490.47.
   (b)  Class  C violent felony offenses: an attempt to commit any of the
 class B felonies set forth in paragraph (a) of this subdivision;  aggra-
 vated criminally negligent homicide as defined in section 125.11, VEHIC-
 ULAR  MANSLAUGHTER  IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 125.13,
 aggravated manslaughter in the  second  degree  as  defined  in  section
 125.21,  aggravated  sexual  abuse  in  the  second degree as defined in
 section 130.67, AGGRAVATED  VEHICULAR  ASSAULT  AS  DEFINED  IN  SECTION
 120.04-A,  assault  on  a  peace officer, police officer, firefighter or
 emergency medical services professional as defined  in  section  120.08,
 assault  on  a  judge  as defined in section 120.09, gang assault in the
 second degree as defined in section 120.06, strangulation in  the  first
 degree as defined in section 121.13, aggravated strangulation as defined
 in section 121.13-a, burglary in the second degree as defined in section
 140.25, robbery in the second degree as defined in section 160.10, crim-
 inal  possession  of a weapon in the second degree as defined in section
 265.03, criminal use of a firearm in the second  degree  as  defined  in
 section  265.08,  criminal  sale  of  a  firearm in the second degree as
 defined in section 265.12, criminal sale of a firearm with the aid of  a
 minor  as defined in section 265.14, aggravated criminal possession of a
 weapon as defined in section 265.19, soliciting or providing support for
 an act of terrorism in the first degree as defined  in  section  490.15,
 hindering  prosecution  of  terrorism in the second degree as defined in
 section 490.30, and criminal possession of a chemical weapon or  biolog-
 ical weapon in the third degree as defined in section 490.37.
   (c)  Class  D violent felony offenses: an attempt to commit any of the
 class C felonies set forth in paragraph (b) OF THIS  SUBDIVISION;  reck-
 less  assault of a child as defined in section 120.02, VEHICULAR ASSAULT
 IN THE FIRST DEGREE AS DEFINED IN SECTION 120.04, assault in the  second
 degree  as defined in section 120.05, menacing a police officer or peace
 officer as defined in section 120.18, stalking in the first degree[,] as
 defined in subdivision one  of  section  120.60,  strangulation  in  the
 second  degree  as  defined in section 121.12, VEHICULAR MANSLAUGHTER IN
 THE SECOND DEGREE AS DEFINED IN  SECTION  125.12,  rape  in  the  second
 degree  as  defined in section 130.30, criminal sexual act in the second
 degree as defined in section 130.45, sexual abuse in the first degree as
 defined in section 130.65, course of sexual conduct against a  child  in
 the  second degree as defined in section 130.80, aggravated sexual abuse
 S. 6608                             3
 
 in the third degree as defined in section  130.66,  facilitating  a  sex
 offense  with a controlled substance as defined in section 130.90, labor
 trafficking as defined in paragraphs (a) and (b) of subdivision three of
 section  135.35,  criminal possession of a weapon in the third degree as
 defined in subdivision five, six, seven, eight, nine or ten  of  section
 265.02,  criminal  sale  of  a firearm in the third degree as defined in
 section 265.11, intimidating a victim or witness in the second degree as
 defined in section 215.16, soliciting or providing support for an act of
 terrorism in the second degree as defined in section 490.10, and  making
 a  terroristic threat as defined in section 490.20, falsely reporting an
 incident in the first degree as defined in  section  240.60,  placing  a
 false  bomb  or  hazardous  substance  in the first degree as defined in
 section 240.62, placing a false bomb or hazardous substance in a  sports
 stadium or arena, mass transportation facility or enclosed shopping mall
 as defined in section 240.63, aggravated unpermitted use of indoor pyro-
 technics  in the first degree as defined in section 405.18, and criminal
 manufacture, sale, or transport of an  undetectable  firearm,  rifle  or
 shotgun as defined in section 265.50.
   (d)  Class  E violent felony offenses: an attempt to commit any of the
 felonies of criminal possession of a  weapon  in  the  third  degree  as
 defined  in subdivision five, six, seven or eight of section 265.02 as a
 lesser included offense of that section as defined in section 220.20  of
 the  criminal  procedure  law, VEHICULAR ASSAULT IN THE SECOND DEGREE AS
 DEFINED IN SECTION 120.03, persistent sexual abuse as defined in section
 130.53, aggravated sexual abuse in  the  fourth  degree  as  defined  in
 section  130.65-a, falsely reporting an incident in the second degree as
 defined in  section  240.55  and  placing  a  false  bomb  or  hazardous
 substance in the second degree as defined in section 240.61.
   §  3.  Subdivision 2 of section 70.25 of the penal law, as  amended by
 chapter 56 of the laws of 1984, is amended to read as follows:
   2. (A) When more than one sentence of imprisonment  is  imposed  on  a
 person  for two or more offenses committed through a single act or omis-
 sion, or through an act or omission which in itself constituted  one  of
 the  offenses  and  also  was  a  material  element  of  the  other, the
 sentences, except if one or more of such sentences is for a violation of
 section 270.20 of this chapter, must run concurrently.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE  COURT  MAY
 IMPOSE CONSECUTIVE SENTENCES WHERE: (I) MORE THAN ONE SENTENCE OF IMPRI-
 SONMENT IS IMPOSED ON A PERSON FOR TWO OR MORE COUNTS OF SECTION 120.03,
 120.04, 120.04-A, SUBDIVISIONS THREE AND FOUR OF SECTION 120.05, 120.10,
 120.11,  125.10, 125.11, 125.12, 125.13, 125.14, 125.15, 125.20, 125.21,
 125.22, 125.25; AND (II) SUCH MULTIPLE COUNTS WERE  CHARGED  BASED  UPON
 MULTIPLE  VICTIMS  SUFFERING PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR
 DEATH AS A RESULT OF A SINGLE ACT OR OMISSION OF THE DEFENDANT.
   § 4. Paragraph (a) of subdivision 2 of section 1194 of the vehicle and
 traffic law, as amended by chapter 196 of the laws of 1996,  is  amended
 to read as follows:
   (a)  When  authorized. Any person who operates a motor vehicle in this
 state shall be deemed to have given consent to a chemical test of one or
 more of the following: breath, blood, urine, or saliva, for the  purpose
 of  determining  the alcoholic and/or drug content of the blood provided
 that such test is administered by or at the direction of a police  offi-
 cer  with respect to a chemical test of breath, urine or saliva or, with
 respect to a chemical test of blood, at the direction of a police  offi-
 cer:
 S. 6608                             4
 
   (1)  having  reasonable  grounds  to  believe such person to have been
 operating in violation of any  subdivision  of  section  eleven  hundred
 ninety-two  of  this  article and within two hours after such person has
 been placed under arrest for any such violation;  or  having  reasonable
 grounds  to  believe  such person to have been operating in violation of
 section eleven hundred ninety-two-a of this article and within two hours
 after the stop of such person for any such violation[,];
   (2) [within two hours after a breath test, as  provided  in  paragraph
 (b)  of subdivision one of this section, indicates that alcohol has been
 consumed by such person and in accordance with the rules and regulations
 established by the police force of which the officer is a member;
   (3)] for the purposes  of  this  paragraph,  "reasonable  grounds"  to
 believe  that  a  person has been operating a motor vehicle after having
 consumed alcohol in violation of section eleven hundred ninety-two-a  of
 this  article  shall  be  determined  by viewing the totality of circum-
 stances surrounding the incident which, when  taken  together,  indicate
 that  the  operator  was  driving in violation of such subdivision. Such
 circumstances may include any visible or behavioral indication of  alco-
 hol  consumption  by  the  operator,  the existence of an open container
 containing or having contained an alcoholic beverage in  or  around  the
 vehicle  driven  by  the operator, or any other evidence surrounding the
 circumstances of the incident which indicates that the operator has been
 operating a motor vehicle after having consumed alcohol at the  time  of
 the incident; or
   [(4)]  (3) notwithstanding any other provision of law to the contrary,
 no person under the age of twenty-one shall be arrested for  an  alleged
 violation  of  section  eleven  hundred  ninety-two-a  of  this article.
 However, a person under the age of twenty-one for whom a  chemical  test
 is  authorized pursuant to this paragraph may be temporarily detained by
 the police solely for the purpose of requesting  or  administering  such
 chemical  test  whenever  arrest  without  a warrant for a petty offense
 would be authorized in accordance with the provisions of section  140.10
 of  the  criminal  procedure  law or paragraph (a) of subdivision one of
 this section.
   § 5. Paragraph (b) of subdivision 3 of section 1194 of the vehicle and
 traffic law, as added by chapter 47 of the laws of 1988, is  amended  to
 read as follows:
   (b)  When authorized. Upon refusal by any person to submit to a chemi-
 cal test or any portion thereof as described above, the test  shall  not
 be  given  unless a police officer or a district attorney, as defined in
 subdivision thirty-two of section 1.20 of the  criminal  procedure  law,
 requests  and  obtains  a  court order to compel a person to submit to a
 chemical test to determine the alcoholic or drug content of the person's
 blood upon a finding of reasonable cause to believe that:
   (1) such person was the operator of a motor vehicle and in the  course
 of  such  operation  a  person  other  than  the  operator was killed or
 suffered serious physical injury as defined  in  section  10.00  of  the
 penal law; and
   (2)  a.  either  such  person operated the vehicle in violation of any
 subdivision of section eleven hundred ninety-two of this article, or
   b. a breath test administered by a police officer in  accordance  with
 paragraph  (b) of subdivision one of this section indicates that alcohol
 has been consumed by such person; and
   (3) [such person has been placed under lawful arrest; and
   (4)] such person has refused to submit to a  chemical  test  OR  FIELD
 TEST or any portion thereof, requested in accordance with the provisions
 S. 6608                             5
 
 of paragraph (a) of subdivision two of this section or is unable to give
 consent to such a test.
   § 6. Paragraph (a) of subdivision 1 of section 70.06 of the penal law,
 as  amended  by  chapter  410 of the laws of 1979, is amended to read as
 follows:
   (a) A second felony offender is a person, other than a second  violent
 felony  offender as defined in section 70.04 OF THIS ARTICLE, who stands
 convicted of a felony defined in this chapter  OR  IN  THE  VEHICLE  AND
 TRAFFIC LAW, other than a class A-I felony, after having previously been
 subjected  to  one  or  more  predicate felony convictions as defined in
 paragraph (b) of this subdivision.
   § 7. Paragraph (b) of subdivision 1 of section 160.10 of the  criminal
 procedure law, as amended by chapter 762 of the laws of 1971, is amended
 to read as follows:
   (b)  A misdemeanor defined in the penal law OR THE VEHICLE AND TRAFFIC
 LAW; or
   § 8. Section 114-a of the vehicle and traffic law, as amended by chap-
 ter 92 of the laws of 2021, is amended to read as follows:
   § 114-a. Drug. The term "drug" when used in this chapter,  means  [and
 includes]  any  substance  THAT IMPAIRS THE PHYSICAL OR MENTAL ABILITIES
 NECESSARY TO OPERATE A MOTOR VEHICLE AS A REASONABLE AND PRUDENT DRIVER,
 INCLUDING BUT NOT LIMITED TO, ANY SUBSTANCE listed  in  section  thirty-
 three hundred six of the public health law and cannabis and concentrated
 cannabis as defined in section 222.00 of the penal law.
   § 9. Paragraph (e) of subdivision 2 of section 1193 of the vehicle and
 traffic  law  is  amended  by  adding  a  new  subparagraph 8 to read as
 follows:
   (8)  SUSPENSION  PENDING  PROSECUTION;  DRUG  IMPAIRMENT.  EXCEPT   AS
 PROVIDED  IN CLAUSE A-1 OF SUBPARAGRAPH SEVEN OF THIS PARAGRAPH, A COURT
 SHALL SUSPEND A DRIVER'S LICENSE, PENDING  PROSECUTION,  OF  ANY  PERSON
 CHARGED WITH A VIOLATION OF SUBDIVISION FOUR OR FOUR-A OF SECTION ELEVEN
 HUNDRED  NINETY-TWO  OF  THIS  ARTICLE  WHO,  AT  THE TIME OF ARREST, IS
 ALLEGED TO HAVE BEEN DRIVING WHILE ABILITY IMPAIRED BY DRUGS.
   § 10. Paragraph (a) of subdivision 3 of section 30.30 of the  criminal
 procedure  law, as amended by section 1 of part KKK of chapter 59 of the
 laws of 2019, is amended to read as follows:
   (a) Subdivisions one and two of this section do not apply to a  crimi-
 nal  action  wherein  the  defendant is accused of an offense defined in
 sections 125.10, 125.12, 125.13, 125.14, 125.15, 125.20, 125.25,  125.26
 and 125.27 of the penal law.
   §  11.  Paragraph c of subdivision 2 of section 600 of the vehicle and
 traffic law, as amended by chapter 497 of the laws of 2022,  is  amended
 to read as follows:
   c.  A  violation  of the provisions of paragraph a of this subdivision
 resulting solely from the failure of an operator to exhibit his  or  her
 license  and  insurance  identification card for the vehicle or exchange
 the information required in such paragraph shall constitute  a  class  B
 misdemeanor  punishable by a fine of not less than two hundred fifty nor
 more than five hundred  dollars  in  addition  to  any  other  penalties
 provided  by law. Any subsequent such violation shall constitute a class
 A misdemeanor punishable by a fine of not less  than  five  hundred  nor
 more  than  one  thousand  dollars  in  addition  to any other penalties
 provided by law. Any violation of the provisions of paragraph a of  this
 subdivision,  other  than for the mere failure of an operator to exhibit
 his or her license and insurance identification card for such vehicle or
 exchange the information required in such paragraph, shall constitute  a
 S. 6608                             6
 
 class A misdemeanor, punishable by a fine of not less than seven hundred
 fifty  dollars  nor  more  than  one thousand dollars in addition to any
 other penalties provided by law.  Any  such  violation  committed  by  a
 person  after  such  person  has  previously  been  convicted  of such a
 violation shall constitute a class E felony, punishable by a fine of not
 less than one thousand nor more than three thousand dollars in  addition
 to  any other penalties provided by law. Any violation of the provisions
 of paragraph a of this subdivision, other than for the mere  failure  of
 an  operator  to exhibit his or her license and insurance identification
 card for such vehicle or exchange the information required in such para-
 graph, where the personal injury involved (i) results in  serious  phys-
 ical injury, as defined in section 10.00 of the penal law, shall consti-
 tute  a  class  [E]  D felony, punishable by a fine of not less than one
 thousand nor more than five thousand dollars in addition  to  any  other
 penalties  provided  by law, or (ii) results in death shall constitute a
 class [D] C felony punishable by a fine of not less  than  two  thousand
 nor  more  than five thousand dollars in addition to any other penalties
 provided by law.
   § 12. This act shall take effect on  the  one  hundred  twentieth  day
 after it shall have become a law.

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Senate Bill S6608

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Sponsored By

Anthony H. Palumbo