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S183Senate2009-2010 SessionSame asA2612

Penalizes crimes of vehicular assault and vehicular manslaughter as felonies when committed while driving with a suspended or revoked license

Sponsor John J. FlanaganSD-2+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
John J. Flanagan

Senator · Senate District 2

1 Co-sponsor

History

  1. Referred to codes
  2. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A2612Assembly

Penalizes crimes of vehicular assault and vehicular manslaughter as felonies when committed while driving with a suspended or revoked license

In Assembly Committee · Codes · Sponsor Robert Sweeney

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to penalties for causing serious injury or death while knowingly operating a motor vehicle with a revoked or suspended license

Purpose or general idea of bill

To create two new felony crimes addressing those who cause such serious physical injury or death by operation of a motor vehicle while knowing or having reason to know that his or her license or privilege of operating a motor vehicle is suspended or revoked.

Summary of specific provisions

Section 1 provides for the amending of Section 120.03 of the Penal Law, as separately amended by Chapters 427 and 805 of the Laws of 1992 and subdivision 3 as amended by Chapter 629 of the Laws of 1998 to include the new crime of causing serious physical injury by operation of a motor vehicle while knowing or having reason to know that one's license or privilege of operating a motor vehicle is suspended or revoked pursuant to provisions of five hundred ten of the Vehicle and Traffic Law, as vehicular assault in the second degree, which is a class E felony.

Section 2 also provides for the amending of Section 125.12 of the Penal Law, as separately amended by Chapters 427 and 805 of the Laws of 1992 and subdivision 3 as amended by Chapter 629 of the Laws of 1998 to include the new crime of causing the death of such other person by operation of a motor vehicle while knowing or having reason to know that his or her license or privilege of operating a motor vehicle is Suspended or revoked pursuant to provisions of section five hundred ten of the Vehicle and Traffic Law, as vehicular manslaughter in the second degree, which is a class D felony.

Justification

Under current law any person who commits vehicular assault, or vehicular manslaughter, while operating a motor vehicle while knowing or having reason to know that his or her license or privilege of operating a motor vehicle is suspended or revoked, pursuant to provisions of section five hundred ten of the vehicle and traffic law, may not face serious criminal penalties.

The injuries and tragedies associated with these vehicular accidents are ultimately preventable. An individual who operates a motor vehicle while knowing or having reason to know that his or her license or privilege of operating a motor vehicle is making a conscious decision to disregard their suspension or revocation, and by doing so are putting lives in danger.

Individuals with suspended or revoked licenses should not be operating motor vehicles. Law enforcement must be given the ability to prosecute such individuals to make our roadways safer.

Prior legislative history

01/25/05 Referred to Codes; 01/04/06 Referred to codes; 01/17/07 Referred to codes; 01/09/08 Referred to codes.

Fiscal implications

None to the State.

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.