Increases the penalty for vehicular manslaughter to a class A-I felony

1 Co-sponsor

• Shirley L. Huntley

BILL NUMBER:S1256

Title of bill

An act to amend the penal law, in relation to the crime of vehicular manslaughter, and to repeal certain provisions of the penal law relating thereto

Purpose or general idea of bill

Equating vehicular manslaughter to the maximum allowable fine based on the premise of putting others in harm way when knowingly one intoxicates themselves through drugs and alcohol.

Summary of provisions

This legislation would amend section 125.12 of the penal law, classifying vehicular manslaughter in the second degree as an A-I felony from a class D, and repeal section 125.13 of the penal law.

Justification

Vehicle manslaughter is the killing of another human without intent or malice through means of a motor vehicle. When a person deliberately intoxicates themselves through drugs or alcohol and operates a motor vehicle, that person has committed a premeditated act. The motor vehicle itself becomes as deadly as a gun.

The true tragedy of vehicular murder is that innocent people are murdered. Vehicular tragedies often cause multiple deaths, and the National Highway Traffic Safety Administration (NHTSA) has a voluminous amount of statistics regarding "death by auto". A 2008 New York State analytical report showed 27% of fatal crashes caused by alcohol-impaired drivers. A 2007 National Roadside Survey (NRS), the first of its kind to estimate a national representation of the prevalence of potentially impairing drug use by drivers, determined 16% of nighttime drivers were found to be drug positive. Most commonly detected drugs were marijuana, cocaine and methamphetamine. A little over 2% of drivers on weekend nights were found to have an illegal blood alcohol content (.08 or more). When comparing fatalities between drugs and alcohol, drug-impaired driving happens far more.

For innocent lives are taken away by the inappropriate and reckless actions of intoxicated and/or drug-impaired drivers, and the concept that these actions can be prevented by mind over matter, we strongly believe amending the penal law to equate vehicular manslaughter to the highest felony is in the best interests of all motorists and pedestrians within New York State.

Legislative history

2009-2010: S.4694 - Referred to Codes

Fiscal implications

None.

Effective date

Act shall take effect on the ninetieth day after it shall have become a law.