Penalizes crimes of vehicular assault and vehicular manslaughter as felonies when committed while driving with a suspended or revoked license

5 Co-sponsors

• Phil Boyle
• Rich Funke
• Jack M. Martins
• Robert Ortt
• Michael H. Ranzenhofer

BILL NUMBER:S2087

Title of bill

An act to amend the penal law, in relation to penalties for causing serious injury or death while knowingly operating a motor vehicle with a revoked or suspended license

Purpose

To create two new felony crimes addressing those who cause such serious physical injury or death by operation of a motor vehicle while knowing or having reason to know that his or her license or privilege of operating a motor vehicle is suspended or revoked.

Summary of provisions

Section 1 provides for the amending of Section 120.03 of the Penal Law, to include the new crime of causing serious physical injury by operation of a motor vehicle while knowing or having reason to know that one's license or privilege of operating a motor vehicle is suspended or revoked pursuant to provisions of five hundred ten of the vehicle and Traffic Law, as vehicular assault in the second degree, which is a class E felony.

Section 2 also provides for the amending of Section 125.12 of the Penal Law, to include the new crime of causing the death of such other person by operation of a motor vehicle while knowing or having reason to know that his or her license or privilege of operating a motor vehicle is suspended or revoked pursuant to provisions of section five hundred ten of the Vehicle and Traffic Law, as vehicular manslaughter in the second degree, which is a class D felony.

Justification

Under current law any person who commits vehicular assault, or vehicular manslaughter, while operating a motor vehicle while knowing or having reason to know that his or her license or privilege of operating a motor vehicle is suspended or revoked, pursuant to provisions of section five hundred ten of the vehicle and traffic law, may not face serious criminal penalties.

The injuries and tragedies associated with serious vehicular accidents may be ultimately preventable. An individual who operates a motor vehicle while knowing or having reason to know that his or her license or privilege of operating a motor vehicle is suspended or revoked is making a conscious decision to disregard their suspension or revocation, and by doing so, are potentially putting lives in danger.

Individuals with suspended or revoked licenses should not be operating motor vehicles. This bill will be a deterrent. Law enforcement must be given the ability to prosecute such individuals to make our roadways safer.

Legislative history

01/25/05 Referred to Codes 01/04/06 Referred to Codes 01/17/07 Referred to Codes 02/09/08 Referred to Codes 2009/10: Referred to Codes 2011/12: Passed Senate/Assembly Codes Committee 2013/14: Passed Senate

Fiscal implications

None to the state.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.