What's happening
This bill makes it vehicular manslaughter or assault if a driver using a mobile phone or electronic device causes death or serious injury.
Why it matters
Expands criminal liability. By specifically including deaths and serious injuries caused by drivers distracted by mobile phones or electronic devices, the bill broadens the scope of vehicular manslaughter and assault laws to cover a leading cause of modern road accidents.
Targets distracted driving as a crime. The legislation formalizes the use of handheld devices while driving—not just intoxication or reckless conduct—as a direct criminal act if it results in harm, sending a clear message that distracted driving is as serious as driving under the influence.
Potential for increased prosecutions and deterrence. With clearer legal grounds to prosecute drivers who use electronic devices and cause harm, the bill could lead to more convictions and potentially deter risky behaviors by raising the stakes for drivers.
Aligns legal consequences with public safety concerns. As distracted driving has become a growing public health issue, this amendment reflects an effort to match the law with current dangers on the road, potentially improving safety and accountability.
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Who cares
Headline styles
Punish Texting Drivers for Harm
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5122
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to making deaths caused by drivers using mobile telephones or portable electronic devices while driving vehicular manslaughter in the second degree and making serious injuries caused by drivers using mobile telephones or portable electronic devices while driving vehicular assault in the second degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 125.12 of the penal law, as amended by chapter 732 of the laws of 2006, is amended and a new subdivision 4 is added to read as follows:
(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 paragraph (a) of subdivision one of section twenty-two hundred eighty-one of the vehicle and traffic law 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 the death of such other person[.], or
(4) operates a motor vehicle in violation of section twelve hundred twenty-five-c or twelve hundred twenty-five-d of the vehicle and traffic law, and as a result of the use of such mobile telephone or portable electronic device, operates such motor vehicle in a manner that causes the death of such other person.
§ 2. Subdivision 3 of section 120.03 of the penal law, as amended by chapter 732 of the laws of 2006, is amended and a new subdivision 4 is added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08971-01-7
A. 5122 2
(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 paragraph (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) operates a motor vehicle in violation of section twelve hundred twenty-five-c or twelve hundred twenty-five-d of the vehicle and traffic law, and as a result of the use of such mobile telephone or portable electronic device, operates such motor vehicle in a manner that causes such serious physical injury to such other person.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.