Includes deaths caused by drivers using mobile telephones or portable electronic devices in vehicular manslaughter in the second degree and includes serious injuries resulting from drivers using mobile telephones or portable electronic devices while driving in vehicular assault in the second degree.
STATE OF NEW YORK
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8490
2015-2016 Regular Sessions
IN ASSEMBLY
October 9, 2015
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Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to making deaths caused by
drivers using mobile telephones or portable electronic devices while
driving vehicular manslaughter in the second degree and making serious
injuries caused by drivers using mobile telephones or portable elec-
tronic devices while driving vehicular assault in the second degree
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 125.12 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 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 the death of such other person[.], or
14 (4) operates a motor vehicle in violation of section twelve hundred
15 twenty-five-c or twelve hundred twenty-five-d of the vehicle and traffic
16 law, and as a result of the use of such mobile telephone or portable
17 electronic device, operates such motor vehicle in a manner that causes
18 the death of such other person.
19 § 2. Subdivision 3 of section 120.03 of the penal law, as amended by
20 chapter 732 of the laws of 2006, is amended and a new subdivision 4 is
21 added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04336-01-5
A. 8490 2
1 (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
2 subdivision one of section 25.24 of the parks, recreation and historic
3 preservation law or operates an all terrain vehicle as defined in para-
4 graph (a) of subdivision one of section twenty-two hundred eighty-one of
5 the vehicle and traffic law and in violation of subdivision two, three,
6 four, or four-a of section eleven hundred ninety-two of the vehicle and
7 traffic law, and as a result of such intoxication or impairment by the
8 use of a drug, or by the combined influence of drugs or of alcohol and
9 any drug or drugs, operates such snowmobile or all terrain vehicle in a
10 manner that causes such serious physical injury to such other person[.],
11 or
12 (4) operates a motor vehicle in violation of section twelve hundred
13 twenty-five-c or twelve hundred twenty-five-d of the vehicle and traffic
14 law, and as a result of the use of such mobile telephone or portable
15 electronic device, operates such motor vehicle in a manner that causes
16 such serious physical injury to such other person.
17 § 3. This act shall take effect on the first of November next succeed-
18 ing the date on which it shall have become a law.
