What's happening
This bill makes deaths or serious injuries caused by drivers using mobile phones or portable electronic devices vehicular manslaughter or assault in the second degree.
Why it matters
Expands criminal liability for distracted driving. By categorizing deaths and serious injuries caused by drivers using mobile phones or portable electronic devices as vehicular manslaughter or assault, the bill significantly increases the legal consequences for distracted driving, treating it similarly to driving under the influence.
Aims to deter dangerous behavior. The threat of felony charges may serve as a stronger deterrent against using mobile devices while driving, potentially leading to safer roads and fewer incidents caused by distracted drivers.
Addresses a growing cause of accidents. As mobile device-related distractions have become a leading factor in traffic crashes, the bill acknowledges and targets this modern risk, updating laws to reflect current technology usage and its dangers.
Signals a shift in public policy. By equating distracted driving with other serious offenses like drunk driving, the legislation underscores the state's commitment to reducing preventable roadway injuries and fatalities, which could have ripple effects on public awareness and future policy nationwide.
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Who cares
Headline styles
Punish Distracted Driving Deaths
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
3815
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
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.
LBD08254-01-9
A. 3815 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.