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NY S03533
Bill
Status
3/20/2017
Primary Sponsor
John Flanagan
Click for details
AI Summary
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Creates vehicular assault in the third degree as a class E felony when a driver with a suspended or revoked license causes serious physical injury, or causes serious physical injury through violation of vehicle and traffic law with two prior violations within 18 months, or causes serious physical injury while impaired under Vehicle and Traffic Law section 1192(1).
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Upgrades vehicular assault in the second degree from class E to class D felony and reduces the gross vehicle weight rating threshold from 18,000 to 10,000 pounds for hazardous material violations.
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Redefines vehicular assault in the first degree as a class C felony (increased from class D) for: operating a vehicle while being pursued by police and causing serious physical injury, operating with BAC of 0.20% or higher and causing serious physical injury, or committing second/third degree vehicular assault with prior conviction for vehicular assault or manslaughter.
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Creates vehicular manslaughter in the third degree as a class D felony with same conditions as vehicular assault in the third degree, and upgrades vehicular manslaughter in the second degree from class D to class C felony.
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Adds two new categories to vehicular manslaughter in the second degree for criminally negligent homicide by vehicle when driver has suspended/revoked license or has prior traffic violations within 18 months.
Legislative Description
Establishes the class E felony of vehicular assault in the third degree; redefines the requirements for a violation of vehicular assault in the second degree; expands the offenses of vehicular assault and vehicular manslaughter; and establishes the class D felony of vehicular manslaughter in the third degree.
Last Action
COMMITTED TO RULES
6/20/2018