Makes aggravated vehicular homicide a violent felony offense

Summary of provisions

Section 1: amends the crime of aggravated vehicular homicide (penal law 125.14) to apply to all vehicles and vessels.

Section 2: amends paragraph (c) of subdivision 6 of section 2 of the navigation law, as amended by chapter 484 of the laws of 2005 to add vessels powered by sail to the definition of "pleasure vessel."

Section 3: amends section 1212 of the vehicle and traffic law, as added by chapter 47 of the laws of 1988, to apply to all vehicles and vessels.

Section 4: amends paragraph (a) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 320 of the laws of 2006 to add aggravated vehicular homicide to the list of designated violent felonies.

Section 5: amends section 134 of the vehicle and traffic law to add "public waterway and waters of the state" to the definition of public highway.

Section 6: amends section 125.13 of the penal law, as amended by chapter 496 of the laws of 2009 to apply to all vehicles and vessels.

Section 7: amends section 125.12 of the penal law, as amended by chapter 732 of the laws of 2006 to apply to all vehicles and vessels.

Section 8: effective date - on the one hundred twentieth day after it shall have become a law.

Justification

The following text, in sum and substance, was provided by the Office of the Suffolk County District Attorney:

Last year, in Suffolk County there was a threefold increase in cases involving boating while intoxicated. Congested waterways, high speed vessels, and often, inexperienced operators under the influence of drugs, alcohol or both, have created this unacceptable crisis.

In the summer of 2011, a Suffolk County family with their children and friends was traveling in a boat, returning from a movie. They were in the Great South Bay and were struck by an intoxicated boater operating without lights. One of the passengers, a student athlete, looking

forward to starting her freshman year in college, lost a kidney, her spleen, and suffered several broken ribs. The intoxicated boat operator was later determined to have approximately one and a half times the legal limit of alcohol in his system, some five hours after the crash. He was later charged with Vehicular Assault and Boating While Intoxicated.

Another noteworthy, but tragic incident occurred on the Great South Bay in June of 2012. A young father was on a fishing vessel with friends on their way to a fishing tournament early in the morning. The fishing vessel was struck by a boat going more than 80 mph. Family and friends watched helplessly as authorities searched the waters with dive teams to rescue the man. His lifeless body was found twelve hours later, another victim of an intoxicated, reckless boater. The operator of the speedboat who caused the death was rescued and suffered non-life threatening injuries.

While the intoxicated operators of the vessels used in these cases were charged with serious felony crimes, the subsequent investigations revealed weaknesses in the current statutory scheme which could seriously impact their prosecution and others similarly situated.

In 2007, the New York State Legislature created a valuable tool for prosecutors to fight drunk driving; the crime of Aggravated Vehicular Homicide (Penal Law section 125.14). This crime requires reckless driving as defined in Vehicle and Traffic Law section 1212 AND the commission of the crime of Vehicular Manslaughter in the Second Degree (Penal Law section 125.12) along with seven other aggravating factors.

While Vehicular Manslaughter in the Second Degree by its terms, applies to both motor vehicles and vessels operating under Section 49-a of the Navigation Law, Aggravated Vehicular Homicide and Vehicular Manslaughter in the First Degree do not. This statutory omission has created a loophole that makes Aggravated Vehicular Homicide and Vehicular Manslaughter in the First Degree inapplicable to vessels. This same loophole exists with respect to snowmobiles and all terrain vehicles. They are included in Vehicular Manslaughter in the Second Degree but in no other vehicular crimes.

Additionally, Vehicle and Traffic Law section 134 should be expanded to include as a public highway a "public waterway or waters of the state as defined in section 49-a of the Navigation Law". This language should also be added to the reckless driving statute, Vehicle and Traffic Law section 1212. These simple amendments will enhance the tools prosecutors may use to continue to fight drunk driving.

Since 2007, the Suffolk County District Attorney's Office has charged 59 defendants with the crime of Aggravated Vehicular Homicide, a class B felony. The DA's Office believes the crime to be so pervasive that they are requesting another deterrent be created, namely, classifying Aggravated Vehicle Homicide as a violent felony. This change would require mandatory state incarceration of a determinate term of between 5 and 25 years rather than the current minimum indeterminate sentence of 1 to 3 years. It is believed that all of the above amendments will be powerful deterrents in the fight to keep our roads and waterways safe from drunk drivers.

Legislative history

New bill

Fiscal implications

None

Effective date

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