Establishes the crime vehicular manslaughter in the third degree, a class E felony

BILL NUMBER:S4058

Title of bill

An act to amend the penal law, in relation to establishing the crime vehicle manslaughter in the third degree, a class E felony

Purpose general idea of bill

To enact the "Stephen Fay Act" establishing that, at minimum, anyone driving unlicensed, or with a suspended license that causes a death of another in a motor vehicle accident shall be guilty of a class E felony,

Summary of specific provisions

Section 1 states that this act shall be cited as the "Stephen Fay Act."

Section 2 amends the penal law by adding a new section 125.11-a which establishes the crime of vehicular manslaughter in the third degree, which shall be a class E felony. A person is guilty of vehicular manslaughter in the third degree when they cause the death of another while operating a motor vehicle while their license or privilege is suspended or revoked.

Section 3 sets the effective date

Justification

On June 5, 2012, just shy of his 20th Birthday, Stephen Fay was killed in an automobile accident with a person operating a motor vehicle with a suspended license.

This bill, titled in honor of Stephen, will establish a mandatory minimum Class E felony charge for individuals who's driving privileges have been suspended or revoked that are the cause of an accident resulting in the death of another driver, in an effort to prevent tragic occurrences like Stephen Fay's from happening in the future.

Prior legislative history

This is a new bill.

Fiscal implications

None to the State.

Effective date

This act shall take effect on the one hundred twentieth day after it shall become law.