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History
- Referred to transportation
- Referred to transportation
Companion bill
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Provides that a person is guilty of vehicular homicide when such person causes the death of another person by operation of a motor vehicle
In Assembly Committee · Codes · Sponsor Joseph Lentol
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S380
Title of bill
An act to amend the vehicle and traffic law, in relation to determining when a person is guilty of vehicular homicide
Purpose or general idea of bill
To further criminalize dangerous driving which violates the vehicle and traffic law and results in the death of another.
Summary of specific provisions
A new section 1212-a is added to the vehicle and traffic law that would make it a class E felony for a driver to commit a "major traffic violation" that causes the death of another person: (1) while having a driving record that includes committing at least two major traffic violations within the eighteen month period leading up to the violation which killed the person; or (2) while driving with a license revoked as a result of having been previously convicted of a homicide or assault arising out of the operation of a motor vehicle or motorcycle or criminal negligence in operation of such a vehicle which resulted in death.
The term "major traffic violation" is defined as leaving the scene of a personal injury accident, failing to obey a traffic signal, failing to obey a signal indicating the approach of a train, failing to stop at a stop sign, overtaking and passing a school bus, speeding in excess of twenty miles per hour over the limit, engaging in a speed contest, reckless driving and driving while intoxicated or ability impaired by drugs.
Justification
Currently, the criminal law requires that in order for a driver to be convicted of criminally negligent homicide (a class E felony), the driver's conduct must satisfy the standard of criminal negligence. As a result, there are individuals who have a record of repeated, extremely dangerous driving that renders them hazardous to the public, but when they kill others they cannot be prosecuted. This new crime is a means of attending to the chronically dangerous driver who might otherwise not be subject to a felony prosecution under current law even through the driver kills another as a result of violating the vehicle and traffic law, because the conduct that results in death was not the result of criminal negligence.
Prior legislative history
2011-12: S.6934/A.483 Referred to Transportation
Fiscal implications for state and local governments
None.
Effective date
The ninetieth day after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.