VEHICULAR ASSAULT / VEHICULAR MANSLAUGHTER

LAWS OF NEW YORK, 2006
CHAPTER 746

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.

AN ACT to amend the vehicle and traffic law and the penal law, in relation to vehicular assault and vehicular manslaughter

Became a law December 15, 2006, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1.  Subdivision 2-a of section 1192 of the vehicle and traffic law, as added by chapter 732 of the laws of 2006, is amended to read as follows:

2-a. Aggravated driving while intoxicated; per se.  No person shall operate a motor vehicle while such person has .18 [grams] 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 this article.

§2. Subdivision 3 of section 1198-a of the vehicle and traffic law, as added by chapter 732 of the laws of 2006, is amended to read as follows:

3. Authorized disposition. When a sentence of probation or a conditional discharge is imposed upon a person who has been required to undergo an alcohol or substance abuse and dependency assessment pursuant to subdivision [one] two of this section and where such assessment indicates that such person is in need of treatment for alcohol or substance abuse or dependency, the court shall require, as a condition of such sentence, that such person participate in and successfully complete such treatment. Such treatment shall be provided by an alcohol or substance abuse professional or a licensed agency.

§3.  Paragraph (b) of subdivision 3 of section 70.00 of the penal law, as amended by chapter 738 of the laws of 2004, is amended to read as follows:

(b) For [a class B] any other felony, the minimum period shall be fixed by the court and specified in the sentence and shall be not less than one year nor more than one-third of the maximum term imposed.

§4. Section 120.04 of the penal law, as separately amended by chapters 245 and 732 of the laws of 2006, is amended to read as follows:

§120.04 Vehicular assault in the first degree.

A person is guilty of vehicular assault in the first degree when he or she commits the crime of vehicular assault in the second degree as defined in section 120.03 of this article, and either:

(1) commits such crime while operating a motor vehicle while such person has .18 [grams] 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) 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 ninety-two 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];

(3) 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.

[(3)] (4) causes serious physical injury to more than one other person; or

[(4)] (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

(5)(a) has previously been convicted two or more times within the preceding five years of a violation of the provisions of section eleven hundred ninety-two of the vehicle and traffic law for which a sentence of imprisonment is authorized and at least one such violation resulted in a conviction for a misdemeanor or felony, or (b) has been convicted three or more times within the preceding ten years of a violation of the provisions of section eleven hundred ninety-two of the vehicle and traffic law for which a sentence of imprisonment is authorized and at least one such violation resulted in a conviction of a misdemeanor or felony; 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 serious physical injury or injuries 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 serious physical injury or injuries, as required by this section and section 120.03 of this article.

Vehicular assault in the first degree is a class D felony.

§5.  Section 125.13 of the penal law, as separately amended by chapters 245 and 732 of the laws of 2006, is amended to read as follows:

§125.13 Vehicular manslaughter in the first degree.

A person is guilty of vehicular manslaughter in the first degree when he or she commits the crime of vehicular manslaughter in the second degree as defined in section 125.12 of this article, and either:

(1) commits such crime while operating a motor vehicle while such person has .18 [grams] 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) 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 ninety-two 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];

(3) 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.

[(3)] (4) causes the death of more than one other person; or

[(4)] (5) 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

(5) (a) has previously been convicted two or more times within the preceding five years of a violation of the provisions of section eleven hundred ninety-two of the vehicle and traffic law for which a sentence of imprisonment is authorized and at least one such violation resulted in a conviction for a misdemeanor or felony, or (b) has been convicted three or more times within the preceding ten years of a violation of the provisions of section eleven hundred ninety-two of the vehicle and traffic law for which a sentence of imprisonment is authorized and at least one such violation resulted in a conviction of a misdemeanor or felony; 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.

Vehicular manslaughter in the first degree is a class C felony.

§6. Subparagraph (iii) of paragraph (a) of subdivision 3 of section 511 of the vehicle and traffic law, as added by chapter 732 of the laws of 2006, is amended to read as follows:

(iii) [is subject to a] commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and is operating a motor vehicle while under permanent revocation as set forth in subparagraph twelve of paragraph (b) of subdivision two of section eleven hundred ninety-three of this chapter.

§ 7. This act shall take effect immediately.

   The Legislature of the STATE OF NEW YORK ss:

Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence.

JOSEPH L. BRUNO
Temporary President of the Senate
SHELDON SILVER
Speaker of the Assembly