Makes vehicular manslaughter in the first and second degrees, class B and class C felonies, respectively

BILL NUMBER:S3365

Title of bill

An act to amend the penal law, in relation to making vehicular manslaughter in the first and second degrees class B and class C felonies, respectively

Purpose of bill

To deter people from deliberately intoxicating them- selves before operating a motor vehicle.

Summary of provisions

Section 1: Amends closing paragraph of section 125.12 of the Penal Law, equating vehicular manslaughter in the second degree to a class C felo- ny.

Section 2: Amends closing paragraph of section 125.13 of the Penal Law, equating vehicular manslaughter in the first degree to a class B felony.

Section 3: Effective date of bill.

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 oper- ates a motor vehicle, that person has committed a premeditated act. The motor vehicle itself becomes as deadly as a gun.

Just recently in Lewiston, NY, a motorcyclists, passenger was thrown from the motorcycle following a collision with a pick-up truck. The driver of the motorcycle was found to be intoxicated and suffered minor injuries. The passenger died as a result of being thrown from the motor- cycle following the collision.

The true tragedy of vehicular murder is that innocent people are murdered, just like the passenger on the motorcycle. 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 27t of fatal crashes caused by alcohol-impaired drivers. In addition, a 2007 National Roadside Survey (IRS) (the first of its kind to estimate a national representation of the prevalence of potentially impairing drug use by drivers) determined 16t 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 driv- ing happens far more. It is sad to know innocent lives are being taken away by inappropriate and reckless actions of intoxicated and/or drug- impaired drivers where preventive measures could be established. By increasing both felonies one class, it is our intent to deter people from deliberately intoxicating themselves and operating a motor vehicle.

Legislative history

2011-2012: S.4930 Referred to Codes Committee

Fiscal implications

None.

Effective date

Shall take effect on the first of November next succeeding the date it shall become a law.