Relates to aggravated vehicular homicide where a person commits the crime of vehicular manslaughter in the second degree and has previously been convicted three times of violating any provisions of section 1192 of the vehicle and traffic law within the preceding ten years.
STATE OF NEW YORK
________________________________________________________________________
4772--A
2013-2014 Regular Sessions
IN SENATE
April 23, 2013
___________
Introduced by Sens. GALLIVAN, NOZZOLIO -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Codes --
recommitted to the Committee on Codes in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the penal law, in relation to aggravated vehicular homi-
cide
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Jocelyn's
2 Law".
3 § 2. Section 125.14 of the penal law, as amended by chapter 496 of the
4 laws of 2009, is amended to read as follows:
5 § 125.14 Aggravated vehicular homicide.
6 A person is guilty of aggravated vehicular homicide when he or she
7 either:
8 (1) engages in reckless driving as defined by section twelve hundred
9 twelve of the vehicle and traffic law, and commits the crime of vehicu-
10 lar manslaughter in the second degree as defined in section 125.12 of
11 this article, and either:
12 [(1)] (a) commits such crimes while operating a motor vehicle while
13 such person has .18 of one per centum or more by weight of alcohol in
14 such person's blood as shown by chemical analysis of such person's
15 blood, breath, urine or saliva made pursuant to the provisions of
16 section eleven hundred ninety-four of the vehicle and traffic law;
17 [(2)] (b) commits such crimes while knowing or having reason to know
18 that: [(a)] (i) his or her license or his or her privilege of operating
19 a motor vehicle in another state or his or her privilege of obtaining a
20 license to operate a motor vehicle in another state is suspended or
21 revoked and such suspension or revocation is based upon a conviction in
22 such other state for an offense which would, if committed in this state,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10139-02-3
S. 4772--A 2
1 constitute a violation of any of the provisions of section eleven
2 hundred ninety-two of the vehicle and traffic law; or [(b)] (ii) his or
3 her license or his or her privilege of operating a motor vehicle in this
4 state or his or her privilege of obtaining a license issued by the
5 commissioner of motor vehicles is suspended or revoked and such suspen-
6 sion or revocation is based upon either a refusal to submit to a chemi-
7 cal test pursuant to section eleven hundred ninety-four of the vehicle
8 and traffic law or following a conviction for a violation of any of the
9 provisions of section eleven hundred ninety-two of the vehicle and traf-
10 fic law;
11 [(3)] (c) has previously been convicted of violating any of the
12 provisions of section eleven hundred ninety-two of the vehicle and traf-
13 fic law within the preceding ten years, provided that, for the purposes
14 of this subdivision, a conviction in any other state or jurisdiction for
15 an offense which, if committed in this state, would constitute a
16 violation of section eleven hundred ninety-two of the vehicle and traf-
17 fic law, shall be treated as a violation of such law;
18 [(4)] (d) causes the death of more than one other person;
19 [(5)] (e) causes the death of one person and the serious physical
20 injury of at least one other person;
21 [(6)] (f) has previously been convicted of violating any provision of
22 this article or article one hundred twenty of this title involving the
23 operation of a motor vehicle, or was convicted in any other state or
24 jurisdiction of an offense involving the operation of a motor vehicle
25 which, if committed in this state, would constitute a violation of this
26 article or article one hundred twenty of this title; or
27 [(7)] (g) commits such crime while operating a motor vehicle while a
28 child who is fifteen years of age or less is a passenger in such motor
29 vehicle and causes the death of such child[.]; or
30 (2) commits the crime of vehicular manslaughter in the second degree
31 as defined in section 125.12 of this article, and has previously been
32 convicted three times of violating any provisions of section eleven
33 hundred ninety-two of the vehicle and traffic law within the preceding
34 ten years, provided that, for the purposes of this subdivision, a
35 conviction in any other state or jurisdiction for an offense which, if
36 committed in this state, would constitute a violation of section eleven
37 hundred ninety-two of the vehicle and traffic law, shall be treated as a
38 violation of such law.
39 If it is established that the person operating such motor vehicle
40 caused such death or deaths while unlawfully intoxicated or impaired by
41 the use of alcohol or a drug, or by the combined influence of drugs or
42 of alcohol and any drug or drugs, then there shall be a rebuttable
43 presumption that, as a result of such intoxication or impairment by the
44 use of alcohol or a drug, or by the combined influence of drugs or of
45 alcohol and any drug or drugs, such person operated the motor vehicle in
46 a manner that caused such death or deaths, as required by this section
47 and section 125.12 of this article.
48 Aggravated vehicular homicide is a class B felony.
49 § 3. This act shall take effect on the first of November next succeed-
50 ing the date on which it shall have become a law.
