Amd SS120.03, 120.04, 125.12 & 125.13, Pen L; amd S600, V & T L
Increases the criminal penalties for crimes of vehicular assault, vehicular manslaughter and leaving the scene of an incident where death or serious personal injury has resulted.
STATE OF NEW YORK
________________________________________________________________________
4260
2013-2014 Regular Sessions
IN ASSEMBLY
February 1, 2013
___________
Introduced by M. of A. RAIA, GIGLIO, KOLB -- Multi-Sponsored by -- M. of
A. BARCLAY, BUTLER, FINCH, FITZPATRICK, P. LOPEZ, McDONOUGH, McKEVITT,
PALMESANO, STEVENSON, THIELE -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law and the vehicle and traffic law, in
relation to increasing the criminal penalties for the crimes of vehic-
ular assault, vehicular manslaughter and leaving the scene of an inci-
dent where death or serious personal injury has resulted
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The closing paragraph of section 120.03 of the penal law,
2 as amended by chapter 732 of the laws of 2006, is amended to read as
3 follows:
4 Vehicular assault in the second degree is a class [E] D felony.
5 § 2. The closing paragraph of section 120.04 of the penal law, as
6 amended by chapter 496 of the laws of 2009, is amended to read as
7 follows:
8 Vehicular assault in the first degree is a class [D] C felony.
9 § 3. The closing paragraph of section 125.12 of the penal law, as
10 amended by chapter 732 of the laws of 2006, is amended to read as
11 follows:
12 Vehicular manslaughter in the second degree is a class [D] C felony.
13 § 4. The closing paragraph of section 125.13 of the penal law, as
14 amended by chapter 496 of the laws of 2009, is amended to read as
15 follows:
16 Vehicular manslaughter in the first degree is a class [C] B felony.
17 § 5. Paragraph c of subdivision 2 of section 600 of the vehicle and
18 traffic law, as amended by chapter 49 of the laws of 2005, is amended to
19 read as follows:
20 c. A violation of the provisions of paragraph a of this subdivision
21 resulting solely from the failure of an operator to exhibit his or her
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05043-01-3
A. 4260 2
1 license and insurance identification card for the vehicle or exchange
2 the information required in such paragraph shall constitute a class B
3 misdemeanor punishable by a fine of not less than two hundred fifty nor
4 more than five hundred dollars in addition to any other penalties
5 provided by law. Any subsequent such violation shall constitute a class
6 A misdemeanor punishable by a fine of not less than five hundred nor
7 more than one thousand dollars in addition to any other penalties
8 provided by law. Any violation of the provisions of paragraph a of this
9 subdivision, other than for the mere failure of an operator to exhibit
10 his or her license and insurance identification card for such vehicle or
11 exchange the information required in such paragraph, shall constitute a
12 class A misdemeanor, punishable by a fine of not less than five hundred
13 dollars nor more than one thousand dollars in addition to any other
14 penalties provided by law. Any such violation committed by a person
15 after such person has previously been convicted of such a violation
16 shall constitute a class E felony, punishable by a fine of not less than
17 one thousand nor more than two thousand five hundred dollars in addition
18 to any other penalties provided by law. Any violation of the provisions
19 of paragraph a of this subdivision, other than for the mere failure of
20 an operator to exhibit his or her license and insurance identification
21 card for such vehicle or exchange the information required in such para-
22 graph, where the personal injury involved (i) results in serious phys-
23 ical injury, as defined in section 10.00 of the penal law, shall consti-
24 tute a class E felony, punishable by a fine of not less than one
25 thousand nor more than five thousand dollars in addition to any other
26 penalties provided by law, or (ii) results in death shall constitute a
27 class [D] C felony punishable by a fine of not less than two thousand
28 nor more than five thousand dollars in addition to any other penalties
29 provided by law.
30 § 6. This act shall take effect on the first of November next succeed-
31 ing the date on which it shall have become a law.
