STATE OF NEW YORK
________________________________________________________________________
3577
2015-2016 Regular Sessions
IN SENATE
February 12, 2015
___________
Introduced by Sen. ESPAILLAT -- 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 gang activity
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 70.12 to
2 read as follows:
3 § 70.12 Sentence of imprisonment for vehicular gang activity.
4 1. Definitions. The term "vehicular offense" shall mean any misdemea-
5 nor or felony committed while operating a motor vehicle. The term
6 "vehicular gang activity" shall mean the commission of any vehicular
7 offense where a person is aided by two or more other persons actually
8 present.
9 2. Authorized sentence. (a) Notwithstanding any other provision of
10 law, when a person is convicted of a vehicular gang activity which is a
11 class C, D, or E felony or a misdemeanor, the crime shall be deemed to
12 be one category higher than the crime the person committed, or attempted
13 or conspired to commit.
14 (b) Notwithstanding any other provision of law, when a person is
15 convicted of vehicular gang activity which is a class B felony:
16 (i) the maximum term of the indeterminate sentence must be at least
17 six years if the defendant is sentenced pursuant to section 70.00 of
18 this article;
19 (ii) the term of the determinate sentence must be at least eight years
20 if the defendant is sentenced pursuant to section 70.02 of this article;
21 (iii) the term of the determinate sentence must be at least twelve
22 years if the defendant is sentenced pursuant to section 70.04 of this
23 article;
24 (iv) the maximum term of the indeterminate sentence or the term of the
25 determinate sentence must be at least ten years if the defendant is
26 sentenced pursuant to section 70.06 of this article.
27 § 2. This act shall take effect on the one hundred eightieth day after
28 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08928-01-5
