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S380Senate2013-2014 SessionSame asA4076

Provides that a person is guilty of vehicular homicide when such person causes the death of another person by operation of a motor vehicle

Sponsor Timothy M. KennedySD-63Affects Transportation
Status
In Senate Committee
Transportation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Transportation

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Sponsors

Primary sponsor
Timothy M. Kennedy

Senator · Senate District 63

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to transportation

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.

A4076Assembly

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.