S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4150
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 12, 2013
                                      ___________
       Introduced  by Sen. FLANAGAN -- 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 aggravated vehicular homi-
         cide and violent felony offenses; to  amend  the  navigation  law,  in
         relation  to the definition of pleasure vessel; and to amend the vehi-
         cle and traffic law, in relation to reckless driving
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 125.14 of the penal law, as amended by chapter 496
    2  of the laws of 2009, is amended to read as follows:
    3  S 125.14 Aggravated vehicular homicide.
    4    A person is guilty of aggravated vehicular homicide  when  he  or  she
    5  engages  in reckless driving as defined by section twelve hundred twelve
    6  of the vehicle and traffic law,  and  commits  the  crime  of  vehicular
    7  manslaughter  in  the second degree as defined in section 125.12 of this
    8  article, and either:
    9    (1) commits such crimes while operating a [motor] vehicle  while  such
   10  person  has  .18  of one per centum or more by weight of alcohol in such
   11  person's blood as shown by chemical analysis  of  such  person's  blood,
   12  breath, urine or saliva made pursuant to the provisions of section elev-
   13  en hundred ninety-four of the vehicle and traffic law OR WHILE OPERATING
   14  A VESSEL OR PUBLIC VESSEL WHILE SUCH PERSON HAS .18 OF ONE PER CENTUM OR
   15  MORE  BY  WEIGHT  OF ALCOHOL IN SUCH PERSON'S BLOOD AS SHOWN BY CHEMICAL
   16  ANALYSIS OF SUCH PERSON'S BLOOD, BREATH, URINE OR SALIVA  MADE  PURSUANT
   17  TO THE PROVISIONS OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW;
   18    (2)  commits  such crimes while knowing or having reason to know that:
   19  (a) his or her license or his or her privilege of  operating  a  [motor]
   20  vehicle  in another state or his or her privilege of obtaining a license
   21  to operate a [motor] vehicle in another state is  suspended  or  revoked
   22  and  such  suspension  or  revocation is based upon a conviction in such
   23  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.
                                                                  LBD08600-05-3
       S. 4150                             2
    1  constitute  a  violation  of  any  of  the  provisions of section eleven
    2  hundred  ninety-two  of  the  vehicle  and  traffic   law   OR   SECTION
    3  FORTY-NINE-A  OF THE NAVIGATION LAW; or (b) his or her license or his or
    4  her privilege of operating a [motor] vehicle in this state or his or her
    5  privilege  of  obtaining  a  license issued by the commissioner of motor
    6  vehicles is suspended or revoked and such suspension  or  revocation  is
    7  based  upon  either  a  refusal to submit to a chemical test pursuant to
    8  section eleven hundred ninety-four of the vehicle  and  traffic  law  OR
    9  SECTION FORTY-NINE-A OF THE NAVIGATION LAW or following a conviction for
   10  a  violation  of any of the provisions of section eleven hundred ninety-
   11  two of the vehicle and traffic law OR A VIOLATION OF ANY  PROVISIONS  OF
   12  SECTION FORTY-NINE-A OF THE NAVIGATION LAW;
   13    (3)  has  previously been convicted of violating any of the provisions
   14  of section eleven hundred ninety-two of the vehicle and traffic  law  OR
   15  SECTION  FORTY-NINE-A  OF  THE  NAVIGATION  LAW within the preceding ten
   16  years, provided that, for the purposes of this subdivision, a conviction
   17  in any other state or jurisdiction for an offense which, if committed in
   18  this state, would constitute a violation of section eleven hundred nine-
   19  ty-two of the vehicle and traffic law, OR SECTION  FORTY-NINE-A  OF  THE
   20  NAVIGATION LAW shall be treated as a violation of such law;
   21    (4) causes the death of more than one other person;
   22    (5)  causes the death of one person and the serious physical injury of
   23  at least one other person;
   24    (6) has previously been convicted of violating any provision  of  this
   25  article or article one hundred twenty of this title involving the opera-
   26  tion of a [motor] vehicle, or was convicted in any other state or juris-
   27  diction  of  an  offense  involving  the  operation of a [motor] vehicle
   28  which, if committed in this state, would constitute a violation of  this
   29  article or article one hundred twenty of this title; or
   30    (7) commits such crime while operating a [motor] vehicle while a child
   31  who is fifteen years of age or less is a passenger in such [motor] vehi-
   32  cle and causes the death of such child.
   33    If  it  is  established that the person operating such [motor] vehicle
   34  caused such death or deaths while unlawfully intoxicated or impaired  by
   35  the  use  of alcohol or a drug, or by the combined influence of drugs or
   36  of alcohol and any drug or drugs,  then  there  shall  be  a  rebuttable
   37  presumption  that, as a result of such intoxication or impairment by the
   38  use of alcohol or a drug, or by the combined influence of  drugs  or  of
   39  alcohol  and any drug or drugs, such person operated the [motor] vehicle
   40  in a manner that caused such  death  or  deaths,  as  required  by  this
   41  section and section 125.12 of this article.
   42    Aggravated vehicular homicide is a class B felony.
   43    S  2.  Paragraph  (c)  of subdivision 6 of section 2 of the navigation
   44  law, as amended by chapter 484 of the laws of 2005, is amended  to  read
   45  as follows:
   46    (c)  "Pleasure  vessel"  shall mean and include every vessel INCLUDING
   47  ANY VESSEL POWERED BY SAIL, not  within  the  classification  of  public
   48  vessel  or  residential  vessel. However, the provisions of this chapter
   49  shall not apply to rowboats,  canoes  and  kayaks  except  as  otherwise
   50  expressly provided.
   51    S  3. Section 1212 of the vehicle and traffic law, as added by chapter
   52  47 of the laws of 1988, is amended to read as follows:
   53    S 1212. Reckless driving. Reckless driving shall mean driving or using
   54  any motor vehicle, VESSEL OR PUBLIC VESSEL AS DEFINED BY SECTION  FORTY-
   55  NINE-A  OF THE NAVIGATION LAW, motorcycle, SNOWMOBILE, SNOW PLOWS, TRAC-
   56  TORS, FARM EQUIPMENT, ALL TERRAIN TYPE VEHICLES, or any other vehicle OR
       S. 4150                             3
    1  VESSEL propelled by any power other than muscular power or any appliance
    2  or accessory thereof in a manner which unreasonably interferes with  the
    3  free  and  proper  use  of the public highway OR NAVIGABLE WATERWAYS, or
    4  unreasonably  endangers  users of the public highway OR NAVIGABLE WATER-
    5  WAYS.   Reckless driving is  prohibited.  Every  person  violating  this
    6  provision shall be guilty of a misdemeanor.
    7    S 4. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
    8  as  amended  by  chapter  320 of the laws of 2006, is amended to read as
    9  follows:
   10    (a) Class B violent felony offenses: an attempt to  commit  the  class
   11  A-I  felonies  of  murder  in  the  second  degree as defined in section
   12  125.25, kidnapping in the first degree as defined in section 135.25, and
   13  arson in the first degree as defined in section 150.20; manslaughter  in
   14  the  first  degree as defined in section 125.20, aggravated manslaughter
   15  in the first degree as defined in section  125.22,  rape  in  the  first
   16  degree  as  defined  in section 130.35, criminal sexual act in the first
   17  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
   18  first  degree  as  defined  in  section 130.70, course of sexual conduct
   19  against a child in the  first  degree  as  defined  in  section  130.75;
   20  assault  in  the  first  degree as defined in section 120.10, AGGRAVATED
   21  VEHICULAR HOMICIDE AS DEFINED  IN  SECTION  125.14,  kidnapping  in  the
   22  second degree as defined in section 135.20, burglary in the first degree
   23  as  defined  in section 140.30, arson in the second degree as defined in
   24  section 150.15, robbery in  the  first  degree  as  defined  in  section
   25  160.15,  incest in the first degree as defined in section 255.27, crimi-
   26  nal possession of a weapon in the first degree  as  defined  in  section
   27  265.04,  criminal  use  of  a  firearm in the first degree as defined in
   28  section 265.09, criminal sale of  a  firearm  in  the  first  degree  as
   29  defined in section 265.13, aggravated assault upon a police officer or a
   30  peace  officer  as  defined in section 120.11, gang assault in the first
   31  degree as defined in section 120.07, intimidating a victim or witness in
   32  the first degree as defined in section 215.17, hindering prosecution  of
   33  terrorism  in  the  first  degree as defined in section 490.35, criminal
   34  possession of a chemical weapon  or  biological  weapon  in  the  second
   35  degree  as  defined  in  section  490.40, and criminal use of a chemical
   36  weapon or biological weapon in the third degree as  defined  in  section
   37  490.47.
   38    S  5. Section 134 of the vehicle and traffic law is amended to read as
   39  follows:
   40    S 134. Public highway.   Any highway,  road,  street,  avenue,  alley,
   41  public place, public driveway, PUBLIC WATERWAY OR WATERS OF THE STATE AS
   42  DEFINED  IN  SECTION  FORTY-NINE-A  OF  THE  NAVIGATION LAW or any other
   43  public way.
   44    S 6. Section 125.13 of the penal law, as amended by chapter 496 of the
   45  laws of 2009, is amended to read as follows:
   46  S 125.13 Vehicular manslaughter in the first degree.
   47    A person is guilty of vehicular manslaughter in the first degree  when
   48  he  or  she  commits  the  crime of vehicular manslaughter in the second
   49  degree as defined in section 125.12 of this article, and either:
   50    (1) commits such crime while operating a [motor]  vehicle  while  such
   51  person  has  .18  of one per centum or more by weight of alcohol in such
   52  person's blood as shown by chemical analysis  of  such  person's  blood,
   53  breath, urine or saliva made pursuant to the provisions of section elev-
   54  en hundred ninety-four of the vehicle and traffic law OR WHILE OPERATING
   55  A VESSEL OR PUBLIC VESSEL WHILE SUCH PERSON HAS .18 OF ONE PER CENTUM OR
   56  MORE  BY  WEIGHT  OF ALCOHOL IN SUCH PERSON'S BLOOD AS SHOWN BY CHEMICAL
       S. 4150                             4
    1  ANALYSIS OF SUCH PERSON'S BLOOD, BREATH, URINE OR SALIVA  MADE  PURSUANT
    2  TO THE PROVISIONS OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW;
    3    (2)  commits  such  crime while knowing or having reason to know that:
    4  (a) his or her license or his or her privilege of  operating  a  [motor]
    5  vehicle  in another state or his or her privilege of obtaining a license
    6  to operate a [motor] vehicle in another state is  suspended  or  revoked
    7  and  such  suspension  or  revocation is based upon a conviction in such
    8  other state for an offense which would,  if  committed  in  this  state,
    9  constitute  a  violation  of  any  of  the  provisions of section eleven
   10  hundred  ninety-two  of  the  vehicle  and  traffic   law   OR   SECTION
   11  FORTY-NINE-A  OF THE NAVIGATION LAW; or (b) his or her license or his or
   12  her privilege of operating a [motor] vehicle in the state or his or  her
   13  privilege  of  obtaining  a  license issued by the commissioner of motor
   14  vehicles is suspended or revoked and such suspension  or  revocation  is
   15  based  upon  either  a  refusal to submit to a chemical test pursuant to
   16  section eleven hundred ninety-four of the vehicle  and  traffic  law  OR
   17  SECTION  FORTY-NINE-A  OF  THE NAVIGATION LAW, or following a conviction
   18  for a violation of any of the provisions of section eleven hundred nine-
   19  ty-two of the vehicle and traffic law OR A VIOLATION OF  ANY  PROVISIONS
   20  OF SECTION FORTY-NINE-A OF THE NAVIGATION LAW;
   21    (3)  has  previously been convicted of violating any of the provisions
   22  of section eleven hundred ninety-two of the vehicle and traffic  law  OR
   23  SECTION  FORTY-NINE-A  OF  THE  NAVIGATION  LAW within the preceding ten
   24  years, provided that, for the purposes of this subdivision, a conviction
   25  in any other state or jurisdiction for an offense which, if committed in
   26  this state, would constitute a violation of section eleven hundred nine-
   27  ty-two of the vehicle and traffic law OR  SECTION  FORTY-NINE-A  OF  THE
   28  NAVIGATION LAW, shall be treated as a violation of such law;
   29    (4) causes the death of more than one other person;
   30    (5)  has  previously been convicted of violating any provision of this
   31  article or article one hundred twenty of this title involving the opera-
   32  tion of a [motor] vehicle, or was convicted in any other state or juris-
   33  diction of an offense involving  the  operation  of  a  [motor]  vehicle
   34  which,  if committed in this state, would constitute a violation of this
   35  article or article one hundred twenty of this title; or
   36    (6) commits such crime while operating a [motor] vehicle while a child
   37  who is fifteen years of age or less is a passenger in such [motor] vehi-
   38  cle and causes the death of such child.
   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
   46  in  a  manner  that  caused  such  death  or deaths, as required by this
   47  section and section 125.12 of this article.
   48    Vehicular manslaughter in the first degree is a class C felony.
   49    S 7. Section 125.12 of the penal law, as amended by chapter 732 of the
   50  laws of 2006, is amended to read as follows:
   51  S 125.12 Vehicular manslaughter in the second degree.
   52    A person is guilty of vehicular manslaughter in the second degree when
   53  he or she causes the death of another person, and either:
   54    (1) operates a [motor] vehicle in violation of subdivision two, three,
   55  four or four-a of section eleven hundred ninety-two of the  vehicle  and
   56  traffic  law or operates a vessel or public vessel in violation of para-
       S. 4150                             5
    1  graph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of
    2  the navigation law, and as a result of such intoxication  or  impairment
    3  by  the use of a drug, or by the combined influence of drugs or of alco-
    4  hol  and  any  drug  or  drugs, operates such [motor] vehicle, vessel or
    5  public vessel in a manner that causes the death of such other person, or
    6    (2) operates a [motor] vehicle with a gross vehicle weight  rating  of
    7  more  than eighteen thousand pounds which contains flammable gas, radio-
    8  active materials or  explosives  in  violation  of  subdivision  one  of
    9  section  eleven  hundred  ninety-two  of  the vehicle and traffic law OR
   10  SECTION FORTY-NINE-A OF THE NAVIGATION  LAW,  and  such  flammable  gas,
   11  radioactive materials or explosives is the cause of such death, and as a
   12  result  of  such impairment by the use of alcohol, operates such [motor]
   13  vehicle in a manner that causes the death of such other person, or
   14    (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
   15  subdivision one of section 25.24 of the parks, recreation  and  historic
   16  preservation  law or operates an all terrain vehicle as defined in para-
   17  graph (a) of subdivision one of section twenty-two hundred eighty-one of
   18  the vehicle and traffic law in  violation  of  subdivision  two,  three,
   19  four,  or four-a of section eleven hundred ninety-two of the vehicle and
   20  traffic law, and as a result of such intoxication or impairment  by  the
   21  use  of  a drug, or by the combined influence of drugs or of alcohol and
   22  any drug or drugs, operates such snowmobile or all terrain vehicle in  a
   23  manner that causes the death of such other person.
   24    If  it  is  established that the person operating such [motor vehicle,
   25  vessel, public vessel, snowmobile or all terrain]  vehicle  caused  such
   26  death  while unlawfully intoxicated or impaired by the use of alcohol or
   27  a drug, then there shall be a rebuttable presumption that, as  a  result
   28  of  such  intoxication or impairment by the use of alcohol or a drug, or
   29  by the combined influence of drugs or of alcohol and any drug or  drugs,
   30  such  person operated the [motor vehicle, vessel, public vessel, snowmo-
   31  bile or all terrain] vehicle in a manner  that  caused  such  death,  as
   32  required by this section.
   33    Vehicular manslaughter in the second degree is a class D felony.
   34    S 8. This act shall take effect on the one hundred twentieth day after
   35  it shall have become a law.