NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5818A
SPONSOR: Cusick TITLE OF BILL:
An act to amend the penal law, in relation to including aggravated
vehicular homicide as a violent felony offense
PURPOSE OR GENERAL IDEA OF BILL:
To include "aggravated vehicular homicide" as a violent felony offense.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends paragraph (a) of subdivision 1 of section 70.02 of the
penal law, as amended by chapter 320 of the laws of 2006, to include
aggravated vehicular homicide as defined in section 125.14 of the penal
law as a violent felony offense
Section 2 sets forth an effective date on the one hundred twentieth day
after it shall have become a law.
JUSTIFICATION:
In 2012, Brittney Walsh was tragically killed by Michael Grasing who was
driving under the influence of alcohol. At the time of the accident, Mr.
Grasing was driving at speeds in excess of 100 mph and his BAC was an
astonishingly high .32. After a 6 week trial, Mr. Grasing was convicted
of aggravated vehicular homicide (a class B felony) and leaving the
scene of an accident without reporting, which is more commonly referred
to as a "hit and run" (a class D felony). As a class B nonviolent felo-
ny, aggravated vehicular homicide carries a minimum sentence of 1 to 3
years in a prison, up to a maximum sentence of 8 1/3 years to 25 years
in prison. Due to the reckless actions of Mr. Grasing, he received the
maximum allowable sentence of 8 1/3 years to 25 years in prison. (He
also received 2 years to 7 years for the hit and run charge). As a
nonviolent offense, however, the crime of aggravated vehicular homicide
is subject to an "indeterminate" sentence, which means the defendant may
be released from prison after serving only the minimum number of years
imposed under their sentence. Therefore, it is likely that based on
extenuating factors such as good behavior or otherwise, Mr. Grasing will
be up for parole and likely released well before his maximum sentence.
This legislation would make aggravated vehicular homicide a class B
"violent" felony offense that is subject to a "determinate" or fixed
sentence of not less than 5 years, but no more than 25 years in prison.
Defendants convicted of a violent felony offense are not eligible for
good time served or diversionary programs and therefore end up serving a
much greater percentage of their full sentences.
In honor of Brittney Walsh, it is imperative that aggravated vehicular
homicide be appropriately categorized as a violent felony offense to
ensure that defendants who commit crimes like Michael Grasing are kept
behind bars for longer periods of time as a matter of fair justice, and
to protect the general public from these despicable criminals. This
legislation would accomplish that.
PRIOR LEGISLATIVE HISTORY:
2012-2013: S.3940 - Died in Codes.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE:
On the 120th day after it shall have become a law.
