BILL NUMBER: S6425

SPONSOR: CHAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to enacting "Barreto's law"
relating to establishing the crime of vehicular manslaughter in the
third degree

 
PURPOSE:

To establish the crime of vehicular manslaughter in the third degree,
ensuring that individuals who recklessly operate a motor vehicle, drive
without a license, or drive without insurance and cause the death of
another person are held accountable under New York State law.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes the short title of this act as "Barreto's Law."

Section 2: Amends the Penal Law by adding Section 125.11-a, which estab-
lishes the new crime of vehicular manslaughter in the third degree,
              

defined as a class E felony.

A person is guilty of this offense if they cause the death of another
person while:

Engaging in reckless driving in violation of Section 1212 of the Vehicle
and Traffic Law.

Committing aggravated unlicensed operation of a motor vehicle in the
third degree in violation of Section 511 of the Vehicle and Traffic Law.
Driving any motor vehicle while uninsured.

Section 3: Establishes the effective date.

 
JUSTIFICATION:

On June 3, 2024, 82-year-old Efrain Barreto, a U.S. Army veteran and
respected member of the Sunset Park, Brooklyn community, was fatally
struck by an unlicensed driver operating an unregistered and uninsured
moped. He succumbed to his injuries three days later.

Despite the gravity of this tragedy, the perpetrator faced only a misde-
meanor charge for driving without a license, highlighting a critical gap
in New York State law. Under current statutes, individuals who operate a
vehicle illegally and cause a fatal accident often face little to no
legal consequences, even when their actions result in the loss of inno-
cent lives.

Barreto's Law seeks to close this loophole by ensuring that those who
recklessly endanger others by driving without a license, without insur-
ance, or in a grossly negligent manner face appropriate criminal penal-
ties. By elevating these offenses to a class E felony, this bill:

Establishes accountability for reckless drivers who operate vehicles
illegally. Enhances public safety by discouraging unlicensed and unin-
sured driving. Provides justice for victims and their families who
currently see offenders walk away with minimal penalties.
This legislation is a crucial step in strengthening New York's traffic
safety laws and ensuring that reckless drivers face serious consequences
for their actions.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately upon passage.