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.
STATE OF NEW YORK
________________________________________________________________________
1356
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. BUTTENSCHON, BARCLAY, CRUZ, DICKENS, SAYEGH,
THIELE -- 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 separately amended by chapters 786 and 892 of the laws
17 of 1990, is amended 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, or (iii) where
23 appropriate and a term of imprisonment is not required by the penal law,
24 a sentence of probation as provided in subdivision six of this section,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04940-01-3
A. 1356 2
1 or (iv) a term of imprisonment as a condition of a sentence of probation
2 as provided in the penal law.
3 § 6. This act shall take effect immediately.
