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NY S01133

Bill

Status

Introduced

1/6/2017

Primary Sponsor

Patrick Gallivan

Click for details

Origin

Senate

2017-2018 General Assembly

AI Summary

  • Adds a new category of aggravated vehicular homicide when a person commits vehicular manslaughter in the second degree and has three prior convictions for DWI/DWAI violations within the preceding ten years.

  • Restructures existing aggravated vehicular homicide law by consolidating seven previous conditions into subsection (1) and adding the new three-prior-conviction provision as subsection (2).

  • Maintains that out-of-state convictions for offenses that would constitute DWI/DWAI violations in New York count toward the three-prior-conviction threshold.

  • Preserves the rebuttable presumption that unlawful intoxication or impairment caused the death or deaths when establishing the required elements of the crime.

  • Classifies aggravated vehicular homicide as a class B felony and establishes an effective date of November 1 following enactment.

Legislative Description

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.

Last Action

COMMITTED TO RULES

6/20/2018

Committee Referrals

Rules6/20/2018
Codes1/3/2018
Rules6/6/2017
Codes1/6/2017

Full Bill Text

No bill text available