Relates to vehicular assault and vehicular manslaughter when a person operates a motor vehicle without having been licensed to operate a motor vehicle in the state of New York, and while operating said motor vehicle causes the death of another person.
STATE OF NEW YORK
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3301
2025-2026 Regular Sessions
IN SENATE
January 24, 2025
___________
Introduced by Sen. WEIK -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to vehicular assault and
vehicular manslaughter
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 120.03 of the penal law, as
2 amended by chapter 732 of the laws of 2006, is amended and a new subdi-
3 vision 4 is added to read as follows:
4 (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
5 subdivision one of section 25.24 of the parks, recreation and historic
6 preservation law or operates an all terrain vehicle as defined in para-
7 graph (a) of subdivision one of section twenty-two hundred eighty-one of
8 the vehicle and traffic law and in violation of subdivision two, three,
9 four, or four-a of section eleven hundred ninety-two of the vehicle and
10 traffic law, and as a result of such intoxication or impairment by the
11 use of a drug, or by the combined influence of drugs or of alcohol and
12 any drug or drugs, operates such snowmobile or all terrain vehicle in a
13 manner that causes such serious physical injury to such other person[.],
14 or
15 (4) operates a motor vehicle without having been licensed to operate a
16 motor vehicle in the state of New York, and while operating said motor
17 vehicle causes serious physical injury to another person.
18 § 2. Subdivisions 6 and 7 of section 125.13 of the penal law, subdivi-
19 sion 6 as amended and subdivision 7 as added by chapter 688 of the laws
20 of 2022, are amended and a new subdivision 8 is added to read as
21 follows:
22 (6) commits such crime while operating a motor vehicle while a child
23 who is fifteen years of age or less is a passenger in such motor vehicle
24 and causes the death of such child; [or]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03753-01-5
S. 3301 2
1 (7) commits such crime while operating a vessel in violation of para-
2 graph (e-1) of subdivision two of section forty-nine-a of the navigation
3 law while a child who is fifteen years of age or less is a passenger in
4 such vessel and causes the death of such child[.]; or
5 (8) operates a motor vehicle without having been licensed to operate a
6 motor vehicle in the state of New York, and while operating said motor
7 vehicle causes the death of another person.
8 § 3. This act shall take effect on the one hundred twentieth day after
9 it shall have become a law.
