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A05751 Summary:

BILL NOA05751
 
SAME ASNo Same As
 
SPONSORButtenschon
 
COSPNSRBarclay, Cruz, Sayegh, Gray, Angelino
 
MLTSPNSR
 
Amd §§125.12, 125.13 & 125.14, Pen L; amd §511, V & T L
 
Relates to increasing the class for certain vehicular crimes and enacting Kane's law; increases the class of vehicular manslaughter in the first and second degrees, aggravated vehicular homicide, and aggravated unlicensed operation in the first degree.
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A05751 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5751
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2025
                                       ___________
 
        Introduced by M. of A. BUTTENSCHON, BARCLAY, CRUZ, SAYEGH, GRAY, ANGELI-
          NO -- read once and referred to the Committee on Codes
 
        AN  ACT  to  amend  the  penal  law  and the vehicle and traffic law, in
          relation to increasing the class  for  certain  vehicular  crimes  and
          enacting Kane's Law

          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  "Kane's Law".
     3    §  2. The second undesignated paragraph of section 125.12 of the penal
     4  law, as amended by chapter 732 of the laws of 2006, is amended  to  read
     5  as follows:
     6    Vehicular manslaughter in the second degree is a class [D] C felony.
     7    §  3. The second undesignated paragraph of section 125.13 of the penal
     8  law, as amended by chapter 496 of the laws of 2009, is amended  to  read
     9  as follows:
    10    Vehicular manslaughter in the first degree is a class [C] B felony.
    11    §  4. The second undesignated paragraph of section 125.14 of the penal
    12  law, as amended by chapter 496 of the laws of 2009, is amended  to  read
    13  as follows:
    14    Aggravated vehicular homicide is a class [B] A-2 felony.
    15    §  5. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
    16  traffic law, as amended by chapter 722 of the laws of 2023,  is  amended
    17  to read as follows:
    18    (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
    19  degree is a class [E] D felony. When  a  person  is  convicted  of  this
    20  crime,  the  sentence  of the court must be: (i) a fine in an amount not
    21  less than five hundred dollars nor more than five thousand dollars;  and
    22  (ii)  a  term  of  imprisonment as provided in the penal law except that
    23  where a person is convicted of this  crime  under  subparagraph  (v)  of
    24  paragraph  (a) of this subdivision, any term of imprisonment imposed for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10049-01-5

        A. 5751                             2
 
     1  a violation of this section shall be a definite sentence, which may  not
     2  exceed  two years, or (iii) where appropriate and a term of imprisonment
     3  is not required by the penal law, a sentence of probation as provided in
     4  subdivision  six  of  this  section, or (iv) a term of imprisonment as a
     5  condition of a sentence of probation as provided in the penal law.
     6    § 6. This act shall take effect immediately.
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