NY State Senate Bill 2025-S1041

Senate Bill S1041

2025-2026 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

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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 08, 2025	referred to codes

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2025-S1041 (ACTIVE) - Details

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
Versions Introduced in 2023-2024 Legislative Session:: S6608

2025-S1041 (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.

2025-S1041 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1041

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:

2024 S.6608/A.7072

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2025-S1041 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1041
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. PALUMBO, BORRELLO -- 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, paragraphs (a)  and
 (c) as amended by chapter 23 of the  laws  of  2024,  paragraph  (b)  as
 amended  by chapter 94 of the laws of 2020, 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,  a  crime  formerly  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 degree as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02128-01-5
 S. 1041                             2
 
 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 trafficking 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, a crime formerly 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  in  the third degree as
 defined in section 130.66, facilitating a sex offense with a  controlled
 S. 1041                             3
 
 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 pyrotechnics 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:
   (1) having reasonable grounds to believe  such  person  to  have  been
 operating  in  violation  of  any  subdivision of section eleven hundred
 S. 1041                             4

 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
 of paragraph (a) of subdivision two of this section or is unable to give
 consent to such a test.
 S. 1041                             5
 
   § 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]
 THEIR  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 penal-
 ties 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]  THEIR license and insurance identification card for such
 vehicle or exchange the information required in  such  paragraph,  shall
 constitute  a class A misdemeanor, punishable by a fine of not less than
 seven hundred fifty dollars nor more than one thousand dollars in  addi-
 S. 1041                             6
 
 tion  to any other penalties provided by law. Any such violation commit-
 ted 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 addi-
 tion  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] THEIR license and insur-
 ance identification card for such vehicle or  exchange  the  information
 required  in  such  paragraph,  where  the  personal injury involved (i)
 results in serious physical injury, as defined in section 10.00  of  the
 penal  law,  shall constitute 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 S1041

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Sponsored By

Anthony H. Palumbo