What's happening
This bill increases the criminal penalties for vehicular assault, vehicular manslaughter, and leaving the scene of serious or fatal incidents.
Why it matters
Reclassifies vehicular assault and manslaughter to more serious felony levels. , meaning those convicted will face longer prison sentences and harsher consequences, signaling a tougher stance on dangerous driving offenses.
Increasing penalties for leaving the scene of a serious or fatal accident raises the stakes for drivers. , aiming to deter hit-and-runs and encourage people to remain and assist at incidents, potentially improving outcomes for victims.
By elevating these crimes to higher felony classes, the bill may affect plea bargaining, prosecutorial priorities, and the willingness of judges to impose jail time. , which could shift how such cases are handled in the justice system and potentially lead to more severe outcomes for offenders.
The changes reflect a legislative response to public concern over road safety and accountability. , aiming to better align legal consequences with the severity of harm caused by reckless or irresponsible driving behavior.
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Who cares
Headline styles
Increase Penalties for Deadly Driving
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
History
- Referred to codes
- Held for consideration in codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3160
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. RAIA, GIGLIO, KOLB, OAKS, CURRAN, FINCH, GRAF, MONTESANO -- Multi-Sponsored by -- M. of A. ARROYO, BARCLAY, BLANKEN- BUSH, BUTLER, DiPIETRO, FITZPATRICK, HAWLEY, LOPEZ, McDONOUGH, McKEV- ITT, McLAUGHLIN, PALMESANO, STEC, THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law and the vehicle and traffic law, in relation to increasing the criminal penalties for the crimes of vehicular assault, vehicular manslaughter and leaving the scene of an incident where death or serious personal injury has resulted
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The closing paragraph of section 120.03 of the penal law, as amended by chapter 732 of the laws of 2006, is amended to read as follows:
Vehicular assault in the second degree is a class [E] D felony.
§ 2. The closing paragraph of section 120.04 of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows:
Vehicular assault in the first degree is a class [D] C felony.
§ 3. The closing paragraph of section 125.12 of the penal law, as amended by chapter 732 of the laws of 2006, is amended to read as follows:
Vehicular manslaughter in the second degree is a class [D] C felony.
§ 4. The closing paragraph of section 125.13 of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows:
Vehicular manslaughter in the first degree is a class [C] B felony.
§ 5. Paragraph c of subdivision 2 of section 600 of the vehicle and traffic law, as amended by chapter 49 of the laws of 2005, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06823-01-7
A. 3160 2
c. A violation of the provisions of paragraph a of this subdivision resulting solely from the failure of an operator to exhibit his or her license and insurance identification card for the vehicle or exchange the information required in such paragraph shall constitute a class B misdemeanor punishable by a fine of not less than two hundred fifty nor more than five hundred dollars in addition to any other penalties provided by law. Any subsequent such violation shall constitute a class A misdemeanor punishable by a fine of not less than five hundred nor more than one thousand dollars in addition to any other penalties provided by law. Any violation of the provisions of paragraph a of this subdivision, other than for the mere failure of an operator to exhibit his or her license and insurance identification card for such vehicle or exchange the information required in such paragraph, shall constitute a class A misdemeanor, punishable by a fine of not less than five hundred dollars nor more than one thousand dollars in addition to any other penalties provided by law. Any such violation committed by a person after such person has previously been convicted of such a violation shall constitute a class E felony, punishable by a fine of not less than one thousand nor more than two thousand five hundred dollars in addition to any other penalties provided by law. Any violation of the provisions of paragraph a of this subdivision, other than for the mere failure of an operator to exhibit his or her license and insurance identification card for such vehicle or exchange the information required in such paragraph, where the personal injury involved (i) results in serious physical injury, as defined in section 10.00 of the penal law, shall constitute a class E felony, punishable by a fine of not less than one thousand nor more than five thousand dollars in addition to any other penalties provided by law, or (ii) results in death shall constitute a class [D] C felony punishable by a fine of not less than two thousand nor more than five thousand dollars in addition to any other penalties provided by law.
§ 6. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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