What's happening
Jocelyn's Law expands the definition of aggravated vehicular homicide to include offenders with three prior DWI convictions within ten years.
Why it matters
Targets repeat DWI offenders. By including individuals with three prior DWI (Driving While Intoxicated) convictions within ten years, the law addresses people with a demonstrated pattern of dangerous behavior, aiming to remove chronic offenders from the road before more harm occurs.
Closes a legal loophole. Previously, aggravated vehicular homicide required additional aggravating factors beyond repeated DWI. This amendment ensures that simply having three prior DWI convictions, regardless of other circumstances, can trigger harsher penalties if a fatal crash occurs.
Increases deterrent effect. The threat of a class B felony charge (which can carry significant prison time) for those with multiple DWIs may act as a stronger deterrent, potentially reducing repeat offenses and improving overall road safety.
Aligns New York law with other states. By treating out-of-state DWI convictions the same as New York convictions, the law prevents offenders from escaping accountability due to offenses committed elsewhere, creating a more comprehensive approach to public safety.
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Who cares
Headline styles
Tougher Vehicular Homicide Penalties
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- 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.
Toughen Vehicular Homicide Penalties
In Assembly Committee · Codes · Sponsor Robin Schimminger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
531
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to aggravated vehicular homicide
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as "Jocelyn's Law".
§ 2. Section 125.14 of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows: § 125.14 Aggravated vehicular homicide.
A person is guilty of aggravated vehicular homicide when he or she either:
(1) engages in reckless driving as defined by section twelve hundred twelve of the vehicle and traffic law, and commits the crime of vehicular manslaughter in the second degree as defined in section 125.12 of this article, and either:
[(1)] (a) commits such crimes while operating a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of the vehicle and traffic law;
[(2)] (b) commits such crimes while knowing or having reason to know that: [(a)] (i) 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 ninety-two of the vehicle and traffic law; or [(b)] (ii) his or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02698-01-9
S. 531 2
her license or his or her privilege of operating a motor vehicle in this 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;
[(3)] (c) has previously been convicted of violating any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law within the preceding ten years, provided that, for the purposes of this subdivision, a conviction in any other state or jurisdiction for an offense which, if committed in this state, would constitute a violation of section eleven hundred ninety-two of the vehicle and traffic law, shall be treated as a violation of such law;
[(4)] (d) causes the death of more than one other person;
[(5)] (e) causes the death of one person and the serious physical injury of at least one other person;
[(6)] (f) has previously been convicted of violating any provision of this article or article one hundred twenty 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 of this title; or
[(7)] (g) 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 the death of such child[.]; or
(2) commits the crime of vehicular manslaughter in the second degree as defined in section 125.12 of this article, and has previously been convicted three times of violating any provisions of section eleven hundred ninety-two of the vehicle and traffic law within the preceding ten years, provided that, for the purposes of this subdivision, a conviction in any other state or jurisdiction for an offense which, if committed in this state, would constitute a violation of section eleven hundred ninety-two of the vehicle and traffic law, shall be treated as a violation of such law.
If it is established that the person operating such motor vehicle caused such death or deaths while unlawfully intoxicated or impaired by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, 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 in a manner that caused such death or deaths, as required by this section and section 125.12 of this article.
Aggravated vehicular homicide is a class B felony.
§ 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to aggravated vehicular homi- cide
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 succeed- ing 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 four 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 vehic- ular 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 influ- ence when such action causes the death of others.
Legislative history
2017-18: S.1133/A.4347 Advanced to 3rd reading/Referred to Codes 2015-16: S.404 Passed Senate/Referred to Codes 2013-14: S.4772-A Passed Senate
Fiscal implications
None to the state.
Effective date
This act shall take effect on the 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.