NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5876REVISED 2/27/25
SPONSOR: Chang TITLE OF BILL:
An act to amend the penal law, in relation to enacting "Barreto's law"
relating to establishing the crime of vehicular manslaughter in the
third degree
PURPOSE:
Establishes a new crime of vehicular manslaughter in the third degree.
SUMMARY OF PROVISIONS:
Section one entitles this bill as "Barreto's Law".
Section two adds a new section 125,11-a to the Penal Law, which estab-
lishes a new crime of vehicular manslaughter in the third degree, to be
defined as a class E felony,
Section three establishes the effective date.
JUSTIFICATION:
On June 3rd 2024, 82-year-old Efrain Barreto, a resident of Sunset Park,
Brooklyn, was struck by an unlicensed driver who was operating an unreg-
istered moped. Efrain Barreto, a U.S Army veteran and a pillar in his
community, succumbed to his injuries three days later.
In the aftermath of this heartbreaking event, Mr. Barreto's family was
devastated to learn that the perpetrator would face only a misdemeanor
charge for driving without a license. This injustice highlights the
urgent need for stronger penalties for individuals who repeatedly
violate the law and recklessly endanger others.
The introduction of "Barreto's Law" is a critical step in addressing
discrepancies in New York State's current penal laws, particularly
regarding incidents involving unlicensed vehicles, operators, and fatal
accidents, Under current law, reckless drivers are unlikely to face
significant jail time. Barreto's Law would increase the penalty for
individuals who cause the death of a pedestrian while operating a motor
vehicle without a license, changing the offense from a misdemeanor to a
class E felony, a charge commensurate with the seriousness of the
offense,
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately,
STATE OF NEW YORK
________________________________________________________________________
5876
2025-2026 Regular Sessions
IN ASSEMBLY
February 24, 2025
___________
Introduced by M. of A. CHANG, BROOK-KRASNY -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to enacting "Barreto's law"
relating to establishing the crime of vehicular manslaughter in the
third degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Barreto's law".
3 § 2. The penal law is amended by adding a new section 125.11-a to read
4 as follows:
5 § 125.11-a Vehicular manslaughter in the third degree.
6 A person is guilty of vehicular manslaughter in the third degree when
7 such person causes the death of another person, and either:
8 (1) engages in reckless driving in violation of section twelve hundred
9 twelve of the vehicle and traffic law, or
10 (2) commits the crime of aggravated unlicensed operation of a motor
11 vehicle in the third degree in violation of section five hundred eleven
12 of the vehicle and traffic law.
13 Vehicular manslaughter in the third degree is a class E felony.
14 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09013-02-5
