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S404Senate2015-2016 SessionSame asA7758

Relates to aggravated vehicular homicide

Sponsor Patrick M. GallivanSD-59+1 co-sponsorAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 61–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.377
  7. Referred to codes
  8. Returned to senate
  9. Died in assembly
  10. Referred to codes
  11. Delivered to assembly
  12. Passed senateVote 62–0
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.940
  4. Referred to codes

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.

A7758Assembly

Relates to aggravated vehicular homicide

In Assembly Committee · Codes · Sponsor Robin Schimminger

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to aggravated vehicular homicide

Purpose

This bill elevates the crime of vehicular manslaughter to aggravated vehicular homicide when the person who commits vehicular manslaughter has already been convicted of driving under the influence 3 previous times.

Summary of provisions

Section 1 states that the act shall be known as "Jocelyn's Law."

Section 2 amends section 125.14 of the penal law to include 3 previous convictions of driving while under the influence as a factor to increase the crime of vehicular manslaughter to aggravated vehicular homicide.

Section 3 sets the effective date as the first of November next succeeding the date on which it shall have become law.

Justification

Jocelyn Elberson, 25, and Sheila Pelton, 81, were killed when a man lost control of his motorcycle while driving under the influence. The man operating the motorcycle had 4 DWI arrests in New York, a DWI in Florida, and another in Ohio. While one previous conviction is enough to raise the crime of vehicular manslaughter in the second degree to vehicular manslaughter in the first degree, there is no additional sentencing enhancement for those individuals who serially operate motor vehicles while under the influence. This bill creates increased penalties for those individuals who serially operate motor vehicles under the influence when such action causes the death of others.

Legislative history

2013-14: S.4772-A Passed Senate

Fiscal implications

None to the state.

Effective date

First of November next succeeding the date on which it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.