NY S01835

Creates new crime of vehicular assault in the third degree as a Class E felony, applying when serious physical injury is caused by vehicle operation with suspended/revoked license, violation of vehicle traffic laws with prior violations within 18 months, or impaired driving under Vehicle and Traffic Law Section 1192.

Creates new crime of vehicular manslaughter in the third degree as a Class D felony with similar elements to assault in the third degree but resulting in death rather than serious physical injury.

Reduces vehicular assault in the second degree from Class E to Class D felony and lowers the gross vehicle weight threshold from 18,000 to 10,000 pounds for hazardous materials violations.

Restructures vehicular assault in the first degree from Class D to Class C felony, replacing prior requirements with new conditions including fleeing from police while operating a vehicle, operating with .20% or more blood alcohol, or prior conviction of vehicular assault/manslaughter.

Expands vehicular manslaughter in the second degree to include criminally negligent homicide by vehicle operation when driver has suspended/revoked license or prior traffic violations within 18 months.