Provides that a person is guilty of vehicular homicide when such person causes the death of another person by operation of a motor vehicle when such death was caused committing a major traffic violation and such person was previously convicted of two or more major traffic violations or such person's license was revoked.
STATE OF NEW YORK
________________________________________________________________________
483
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M. of A. CANES-
TRARI, ENGLEBRIGHT, HOYT, PAULIN, SWEENEY, TOWNS, WEISENBERG -- read
once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to determining
when a person is guilty of vehicular homicide
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1212-a to read as follows:
3 § 1212-a. Vehicular homicide. A person is guilty of vehicular homicide
4 when he or she causes the death of another person by operation of a
5 motor vehicle when such death was caused by such person committing a
6 major traffic violation; and
7 (a) such person has previously been convicted of two or more major
8 traffic violations on at least two separate occasions within the imme-
9 diately preceding eighteen months; or
10 (b) at the time such person is operating such motor vehicle, his or
11 her license is revoked pursuant to subparagraph (i) of paragraph a of
12 subdivision two of section five hundred ten of this chapter and such
13 person knows or has reason to know that his or her license has been so
14 revoked.
15 For purposes of this section, the term "major traffic violation" shall
16 mean the operation of a motor vehicle in violation of any one of the
17 following provisions of this chapter: subdivision two of section six
18 hundred, section eleven hundred eleven, section eleven hundred seventy,
19 subdivision (a) of section eleven hundred seventy-two, section eleven
20 hundred seventy-four, subdivisions (a), (b), (c), (d) and (f) of section
21 eleven hundred eighty provided that the violation involved twenty or
22 more miles per hour over the established limit, section eleven hundred
23 eighty-two, and section twelve hundred twelve. The term "major traffic
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03481-01-1
A. 483 2
1 violation" shall also include a violation of subdivision two, three or
2 four of section eleven hundred ninety-two of this chapter, as well as
3 any violation of the penal law that includes as one of its elements
4 proof that such person violated any one of such subdivisions. Vehicular
5 homicide is a class E felony.
6 § 2. This act shall take effect on the ninetieth day after it shall
7 have become a law.
