Includes the reckless use or operation of a vehicle in concert with another as part of the crime of manslaughter in the second degree; clarifies liability as a result of the reckless use or operation of a vehicle in concert with another.
STATE OF NEW YORK
________________________________________________________________________
5422
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. VANEL -- read once and referred to the Committee
on Transportation
AN ACT to amend the penal law and the vehicle and traffic law, in
relation to the reckless use or operation of a vehicle in concert with
another
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 125.15 of the penal law is amended to read as
2 follows:
3 § 125.15 Manslaughter in the second degree.
4 A person is guilty of manslaughter in the second degree when:
5 1. [He] Such person recklessly causes the death of another person; [or
6 3. He] 2. Such person intentionally causes or aids another person to
7 commit suicide; or
8 3. Such person engages in reckless driving, as defined in section
9 twelve hundred twelve of the vehicle and traffic law, in concert with
10 another person, and such other person causes the death of another as a
11 result of such reckless driving.
12 For purposes of subdivision three of this section, "in concert" shall
13 mean two or more individuals in separate vehicles engaging in reckless
14 driving in coordination with one another at the same time and in the
15 same general area.
16 Manslaughter in the second degree is a class C felony.
17 § 2. The vehicle and traffic law is amended by adding a new section
18 389 to read as follows:
19 § 389. Joint and several liability as a result of the reckless use or
20 operation of a vehicle in concert with another. 1. Every owner of a
21 vehicle used or operated in this state in violation of section twelve
22 hundred twelve of this chapter acting in concert with another who is
23 operating their vehicle in violation of such statute shall be jointly
24 and severally liable and responsible with such other person for death or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08413-01-5
A. 5422 2
1 injuries to person or property resulting from the violation of such
2 statute in the use or operation of such person's or other person's vehi-
3 cle.
4 2. The terms "vehicle" and "owner" shall have the same meanings as in
5 section three hundred eighty-eight of this article. The term "in
6 concert" shall have the same meaning as such term is defined in section
7 125.15 of the penal law.
8 3. All bonds executed by or policies of insurance issued to the owner
9 of any vehicle subject to the provisions of this section shall contain a
10 provision for indemnity or security against the liability and responsi-
11 bility provided in this section; provided however, except as provided in
12 paragraphs one and two of subsection (g) of section three thousand four
13 hundred twenty of the insurance law, this provision shall not be
14 construed as requiring that such a policy include insurance against any
15 liability of the insured, being an individual, for death of or injuries
16 to their spouse or for injury to property of their spouse, where the
17 injured spouse, to be entitled to recover, must prove the culpable
18 conduct of the insured spouse.
19 § 3. This act shall take effect on the ninetieth day after it shall
20 have become a law.
