Creates the crime of vehicular manslaughter in the third degree, a class E felony, wherein a person operates a motor vehicle negligently so that the lives or safety of the public might be endangered and by any such operation causes the death of another person.
STATE OF NEW YORK
________________________________________________________________________
5479
2017-2018 Regular Sessions
IN ASSEMBLY
February 9, 2017
___________
Introduced by M. of A. RAIA, GIGLIO, KOLB, MALLIOTAKIS, FINCH -- Multi-
Sponsored by -- M. of A. BARCLAY, BLANKENBUSH, BUTLER, FITZPATRICK,
HAWLEY, McDONOUGH, McKEVITT, MURRAY, PALMESANO, THIELE -- read once
and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to creating the crime of
vehicular manslaughter in the third degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 125.11-a
2 to read as follows:
3 § 125.11-a Vehicular manslaughter in the third degree.
4 (1) A person is guilty of vehicular manslaughter in the third degree
5 when he or she operates a motor vehicle negligently so that the lives or
6 safety of the public might be endangered and by any such operation caus-
7 es the death of another person.
8 (2) In any prosecution under this section, it shall be a rebuttable
9 presumption that such death was caused in whole or in substantial part
10 by the actor's intoxication or impairment by the use of a drug in
11 violation of section eleven hundred ninety-two of the vehicle and traf-
12 fic law.
13 Vehicular manslaughter in the third degree is a class E felony.
14 § 2. This act shall take effect on the first of November next succeed-
15 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06902-01-7
