Toughen Vehicular Crime Penalties

Section 1. Section 120.03 of the penal law, as amended by chapter 732 of the laws of 2006, is amended to read as follows: § 120.03 Vehicular assault in the second degree.

A person is guilty of vehicular assault in the second degree when he or she causes serious physical injury to another person, and either:

(1) operates a motor vehicle in violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of the vehicle and traffic law or operates a vessel or public vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of the navigation law, and as a result of such intoxication or impairment by the use of a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, operates such motor vehicle, vessel or public vessel in a manner that causes such serious physical injury to such other person, or

(2) operates a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives in violation of subdivision one of section eleven hundred ninety-two of the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such serious physical injury, and as a result of such impairment by the use of alcohol, operates such motor vehicle in a manner that causes such serious physical injury to such other person, or

(3) operates a snowmobile in violation of paragraph (b), (c) or (d) of subdivision one of section 25.24 of the parks, recreation and historic preservation law or operates an all terrain vehicle as defined in para-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03706-01-7

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graph (a) of subdivision one of section twenty-two hundred eighty-one of the vehicle and traffic law and in violation of subdivision two, three, four, or four-a of section eleven hundred ninety-two of the vehicle and traffic law, and as a result of such intoxication or impairment by the use of a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, operates such snowmobile or all terrain vehicle in a manner that causes such serious physical injury to such other person[.], or

(4) having been convicted within the preceding eighteen months of any two violations of sections five hundred nine, five hundred eleven, eleven hundred ten, eleven hundred eleven, eleven hundred eighty, eleven hundred eighty-a, eleven hundred ninety-two, eleven hundred ninety-two-a or twelve hundred twelve of the vehicle and traffic law, he or she operates a motor vehicle in violation of any of the aforementioned sections and in doing so causes physical injury to another person, or

(5) knowingly has in effect four or more suspensions, imposed on at least four separate dates for failure to answer, appear or pay a fine pursuant to subdivision three of section two hundred twenty-six or subdivision four of section five hundred ten of the vehicle and traffic law, and while operating a motor vehicle causes physical injury to another person.

If it is established that the person operating such motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle caused such serious physical injury while unlawfully intoxicated or impaired by the use of alcohol or a drug, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, such person operated the motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle in a manner that caused such serious physical injury, as required by this section.

Vehicular assault in the second degree is a class E felony.

§ 2. Subdivisions 5 and 6 of section 120.04 of the penal law, subdivision 5 as amended and subdivision 6 as added by chapter 496 of the laws of 2009, are amended and two new subdivisions 7 and 8 are added to read as follows:

(5) has previously been convicted of violating any provision of this article or article one hundred twenty-five of this title involving the operation of a motor vehicle, or was convicted in any other state or jurisdiction of an offense involving the operation of a motor vehicle which, if committed in this state, would constitute a violation of this article or article one hundred twenty-five of this title; [or]

(6) commits such crime while operating a motor vehicle while a child who is fifteen years of age or less is a passenger in such motor vehicle and causes serious physical injury to such child[.]; or

(7) having been convicted within the preceding eighteen months of any two violations of sections five hundred nine, five hundred eleven, eleven hundred ten, eleven hundred eleven, eleven hundred eighty, eleven hundred eighty-a, eleven hundred ninety-two, eleven hundred ninety-two-a or twelve hundred twelve of the vehicle and traffic law, he or she operates a motor vehicle in violation of any of the aforementioned sections and in doing so causes serious physical injury to another person, or

(8) knowingly has in effect four or more suspensions, imposed on at least four separate dates for failure to answer, appear or pay a fine pursuant to subdivision three of section two hundred twenty-six or subdivision four of section five hundred ten of the vehicle and traffic

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law, and while operating a motor vehicle causes serious physical injury to another person.

§ 3. Subdivision 2 of section 125.13 of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows:

(2) commits such crime while knowing or having reason to know that: (a) his or her license or his or her privilege of operating a motor vehicle in another state or his or her privilege of obtaining a license to operate a motor vehicle in another state is suspended or revoked and such suspension or revocation is based upon a conviction in such other state for an offense which would, if committed in this state, constitute a violation of any of the provisions of section eleven hundred ninetytwo of the vehicle and traffic law; or (b) his or her license or his or her privilege of operating a motor vehicle in the state or his or her privilege of obtaining a license issued by the commissioner of motor vehicles is suspended or revoked and such suspension or revocation is based upon either a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of the vehicle and traffic law or following a conviction for a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law, or (c) having been convicted within the preceding eighteen months of any two violations of sections five hundred nine, five hundred eleven, eleven hundred ten, eleven hundred eleven, eleven hundred eighty, eleven hundred eighty-a, eleven hundred ninety-two, eleven hundred ninety-two-a or twelve hundred twelve of the vehicle and traffic law, he or she operates a motor vehicle in violation of any of the aforementioned sections and in doing so causes the death of another person, or (d) knowingly has in effect four or more suspensions, imposed on at least four separate dates for failure to answer, appear or pay a fine pursuant to subdivision three of section two hundred twenty-six or subdivision four of section five hundred ten of the vehicle and traffic law, and while operating a motor vehicle causes death of another person;

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