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BILL NUMBER:A10948
Title of bill
An act to amend the penal law, in relation to designating vehicular assaults and vehicular manslaughters and homicides as violent felonies and requiring the imposition of a determinate sentence of imprisonment
Purpose or general idea of bill
The purpose of this bill is to allow judges the authority to impose determinate sentences for the crimes of vehicular assault, vehicular manslaughter, or vehicular manslaughter.
Summary of specific provisions
Section 1 amends paragraphs (a), (b), (c) and (d) of subdivision 1 of section 70.02 of the penal law to include aggravated vehicular homicide as a Class B violent felony; vehicular manslaughter in the first degree and aggravated vehicular assault as Class C violent felonies; vehicular assault in the first degree and vehicular manslaughter in the second degree as Class D violent felonies; and, vehicular assault in the second degree as a Class E violent felony.
Section 2 amends paragraph (b) of subdivision 2 of section 70.02 of the penal law to require determinant sentencing for vehicular assault in the first degree, vehicular manslaughter in the second degree, and vehicular assault in the second degree, except at provided in subdivision 6 of section 60.05 of the penal law.
Justification
On June 8, 2009 the entire Brewster community was shocked to the core when Conses Garcia-Zacarias drove drunk into an 8-year-old second grader and her mother as they were leaving the Seven Stars School of Performing Arts. Garcia-Zacarias had a blood-alcohol level of twice the legal limit and no driver's license, In January 2010, Garcia-Zacarias was sentenced to two concurrent 8 1/2-25 year sentences, the maximum sentence currently allowed under New York State law, for murdering Lori and Kayla Donohue.
New York should extend "Zero Tolerance" for Garcia-Zacarias's behavior. Sadly, under current sentencing and parole guidelines, he may be released from jail after serving only one-sixth of his sentence. If, while drunk, he drove his car into a full school bus, he would receive the same sentence. Sentences like this are exactly why the crime of DWI continues to pervade our community. The victims of DWI deserve better, and our community deserves better.
While Albany agreed to heighten some penalties through the enactment of Leandra's Law in November 2009, which increases penalties for those who drive drunk with children in the car, a zero tolerance statewide law has not yet been adopted.
Prior legislative history
This is new legislation.
Fiscal implications
None noted.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.