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History
- Referred to codes
Companion bill
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Includes the unlicensed operation of a motor vehicle within the crime of vehicular manslaughter in the second degree
In Assembly Committee · Codes · Sponsor Andrew Raia
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 including the unlicensed operation of a motor vehicle within the crime of vehicular manslaughter in the second degree
Purpose
This bill will provide harsher penalties for the unlicensed operation of a motor vehicle which results in the death or serious bodily injury of another person.
Summary of provisions
This bill amends § 125.12 of the Penal Code by including a violation of Vehicle and Traffic Law §511 (unlicensed operation) to the list of offenses under said section which qualify as vehicular manslaughter in the second degree.
Justification
In October of 1999, Udo Krauss was killed when an unlicensed driver crossed the double yellow line and struck his vehicle head-on. The unlicensed driver's penalty was a revocation of driving privileges for 180 days. The victim's family was left with no sense of justice and continues to champion the implementation of stricter laws against unlicensed drivers. Unfortunately, this is an all too common occurrence that needs to be dealt with immediately.
Currently, the punishment for unlicensed operation of a motor vehicle resulting in the injury or death of another which is not drug or alcohol-related is only provided for in §511 of the Vehicle and Traffic Law. The punishment for such is a fine of not more than $500, a term of imprisonment for no more than 30 days and/or revocation of driving privileges for 180 days. Clearly this is an insufficient consequence.
This legislation would amend § 125.12 of the Penal Code to include a violation of VTL §511 in the list of offenses which qualify as Vehicular Manslaughter in the second degree. Vehicular Manslaughter is a Class D felony and punishable by a sentence of 1-7 years imprisonment. It is the purpose of this legislation to provide an adequate punishment for unlicensed drivers who strike and kill innocent bystanders such as Mr. Krauss.
Legislative history
None.
Fiscal implications
To be determined.
Local fiscal implications
To be determined.
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.