 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4774
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 12, 2025
                                       ___________
 
        Introduced  by  Sen. C. RYAN -- 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  including  within  the
          offense  of  vehicular  assault  in  the second degree, the causing of
          serious injury while  knowingly  operating  a  motor  vehicle  with  a
          revoked or suspended license or while not holding a license and estab-
          lishing the offense of vehicular homicide
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 120.03 of the penal law, as amended by chapter  732
     2  of the laws of 2006, is amended to read as follows:
     3  § 120.03 Vehicular assault in the second degree.
     4    A  person is guilty of vehicular assault in the second degree when [he
     5  or she] such person causes:
     6    1. serious physical injury to another person, and either:
     7    [(1)] (a) operates a motor vehicle in violation  of  subdivision  two,
     8  three,  four or four-a of section eleven hundred ninety-two of the vehi-
     9  cle and traffic law or operates a vessel or public vessel  in  violation
    10  of  paragraph  (b), (c), (d) or (e) of subdivision two of section forty-
    11  nine-a of the navigation law, and as a result of  such  intoxication  or
    12  impairment  by  the use of a drug, or by the combined influence of drugs
    13  or of alcohol and any drug or drugs, operates such motor vehicle, vessel
    14  or public vessel in a manner that causes such serious physical injury to
    15  such other person, or
    16    [(2)](b) operates a motor vehicle with a gross vehicle  weight  rating
    17  of  more  than  eighteen  thousand  pounds which contains flammable gas,
    18  radioactive materials or explosives in violation of subdivision  one  of
    19  section  eleven  hundred  ninety-two of the vehicle and traffic law, and
    20  such flammable gas, radioactive materials or explosives is the cause  of
    21  such  serious physical injury, and as a result of such impairment by the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07445-01-5
        S. 4774                             2
 
     1  use of alcohol, operates such motor vehicle in a manner that causes such
     2  serious physical injury to such other person, or
     3    [(3)]  (c) operates a snowmobile in violation of paragraph (b), (c) or
     4  (d) of subdivision one of section 25.24 of  the  parks,  recreation  and
     5  historic  preservation law or operates an all terrain vehicle as defined
     6  in paragraph (a) of subdivision one of section twenty-two hundred eight-
     7  y-one of the vehicle and traffic law and  in  violation  of  subdivision
     8  two,  three, four, or four-a of section eleven hundred ninety-two of the
     9  vehicle and traffic law, and as a result of such intoxication or impair-
    10  ment by the use of a drug, or by the combined influence of drugs  or  of
    11  alcohol  and  any drug or drugs, operates such snowmobile or all terrain
    12  vehicle in a manner that causes such serious  physical  injury  to  such
    13  other person.
    14    If  it  is  established  that the person operating such motor vehicle,
    15  vessel, public vessel, snowmobile or all  terrain  vehicle  caused  such
    16  serious  physical injury while unlawfully intoxicated or impaired by the
    17  use of alcohol or a drug, then there shall be a  rebuttable  presumption
    18  that, as a result of such intoxication or impairment by the use of alco-
    19  hol  or  a drug, or by the combined influence of drugs or of alcohol and
    20  any drug or drugs, such  person  operated  the  motor  vehicle,  vessel,
    21  public vessel, snowmobile or all terrain vehicle in a manner that caused
    22  such  serious  physical  injury, as required by this [section.] subdivi-
    23  sion; or
    24    2. serious physical injury to another person, while operating a  motor
    25  vehicle,  knowing or having reason to know that such person's license to
    26  or privilege to operate a motor vehicle is suspended or revoked pursuant
    27  to subdivision two or two-a of section five hundred ten  or  subdivision
    28  one  or  three  of section five hundred ten-a of the vehicle and traffic
    29  law for conduct relating to the operation of a motor vehicle, or knowing
    30  or having reason to know that such person is not licensed to  operate  a
    31  motor  vehicle  on  a public highway pursuant to the vehicle and traffic
    32  law.
    33    Vehicular assault in the second degree is a class E felony.
    34    § 2. The opening paragraph of section 120.04  of  the  penal  law,  as
    35  amended  by  chapter  496  of  the  laws  of 2009, is amended to read as
    36  follows:
    37    A person is guilty of vehicular assault in the first degree  when  [he
    38  or she] such person commits the crime of vehicular assault in the second
    39  degree  as defined in subdivision one of section 120.03 of this article,
    40  and either:
    41    § 3. The penal law is amended by adding a new section 125.13-a to read
    42  as follows:
    43  § 125.13-a Vehicular homicide.
    44    A person is guilty of vehicular homicide when such person  causes  the
    45  death  of  another  person,  while operating a motor vehicle, knowing or
    46  having reason to know that such person's  license  to  or  privilege  to
    47  operate  a motor vehicle is suspended or revoked pursuant to subdivision
    48  two or two-a of section five hundred ten or subdivision one or three  of
    49  section  five  hundred  ten-a of the vehicle and traffic law for conduct
    50  relating to the operation of a  motor  vehicle,  or  knowing  or  having
    51  reason to know that such person is not licensed to operate a motor vehi-
    52  cle on a public highway pursuant to the vehicle and traffic law.
    53    Vehicular homicide is a class D felony.
    54    § 4. This act shall take effect on the one hundred eightieth day after
    55  it shall have become a law.
Establishes the offense of vehicular homicide

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