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A05407 Summary:

BILL NOA05407
 
SAME ASSAME AS S02509
 
SPONSORThiele (MS)
 
COSPNSRLupardo, Steck, Hunter, Kolb, Hawley, DiPietro, Stirpe, Blankenbush, Byrnes, Woerner
 
MLTSPNSRBarclay, Giglio, McDonough
 
Amd 1800, V & T L
 
Provides a minimum penalty of $300 for a moving violation which results in the serious bodily injury or death of another person.
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A05407 Actions:

BILL NOA05407
 
02/11/2019referred to transportation
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A05407 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5407
 
SPONSOR: Thiele (MS)
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the penalty for a moving violation which results in the serious bodily injury or death of another person   SUMMARY OF BILL: This legislation will provide a minimum penalty for persons who commit a moving violation (violation of Title 7 in the Vehicle and Traffic Law), should such violation result in death or serious bodily injury of anoth- er. Section 1: Creates a new paragraph I of Section 1800 of the Vehicle and traffic Law, creating a penalty for a moving violation with a motor vehicle that results in the serious bodily injury or death of another person, to be guilty of a misdemeanor, which shall be punishable by a fine of no less than three hundred dollars, or imprisonment of not more than thirty days, or both such fine and imprisonment, and the completion of a motor vehicle accident prevention course, as defined by article twelve-B of the vehicle and traffic law. The lines - "shall be guilty of a misdemeanor, which shall be punishable by a fine of no less than three hundred dollars, or imprisonment of not more than thirty days or both such fine and imprisonment" - is similar to the NYC Administrative Code Section 19-190 Right of Way Paragraph B lines 4 and 5. This language will keep the penalty state-wide on par with what the New York City Administrative Code already has on the books. Section 2: Sets the enactment date.   JUSTIFICATION: Currently, there is no penalty for committing a moving violation in vehicle and traffic law that results in the death or serious bodily injury - unless such moving violation is considered Vehicular Manslaughter - the violation of serious vehicle and traffic laws; IE, driving under the influence or driving with a revoked/suspended license. In these serious scenarios, the result is a felony charge. We have heard from police officers and parents of victims across the state who are dealing with the death of a loved-one as a result of another's driving infractions that do not rise to the level of a Vehicular Manslaughter charge. Recently in Monroe County, a driver was charged with violating section 1142 of the vehicle and traffic law - failure to yield the right of way - when failing to stop at a yield sign when pulling onto a main road, while striking and killing an oncoming motorcyclist. The driver of the car was only charged with a $30 fine for failing to yield the right of way. We believe that these less serious offenses should result in larger minimum penalties, should they result in the serious bodily injury or death of another. Other States currently set minimum and maximum fines, misdemeanor and felony punishments, etc. for moving violations that causes serious impairment of a body function or death of another person for multiple scenarios - IE. Misconduct with a motor vehicle, criminal negligence in the operation of a motor vehicle, negligent homicide with a motor vehi- cle, different degrees of vehicular manslaughter, etc. Our neighbors in Connecticut have different layers of laws relating to manslaughter with a motor vehicle. The most relatable offense that CT has on the books, which relates to this proposal, is Negligent Homicide with a Motor Vehicle (CGS Section 14-222a) - which states: Any person who, in consequence of the negligent operation of a commercial motor vehicle, causes the death of another person shall be fined not more than two thousand five hundred dollars or imprisoned not more than six months, or both. In Pennsylvania, unintentionally killings such as committing a moving violation would be categorized as Involuntary Manslaughter. In PA, Involuntary manslaughter is a first degree misdemeanor, with potential punishment of a term of imprisonment for up to five years - and if the defendant committed involuntary manslaughters as the parent, caregiver, or custodian of a child under the age of twelve, state law increases the criminal charge to a second degree felony. This legislation simply looks to create a misdemeanor with a minimum financial penalty while requiring the completion of an accident prevention course for the violators of vehicle and traffic law whose actions result in the death or serious bodily injury of another - simi- lar to our neighboring states.   PRIOR LEGISLATIVE HISTORY: 2017-18: S.1670/A.6562 2016:S.6748-A/A.9291-A   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect 60 days after enactment.
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A05407 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5407
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 11, 2019
                                       ___________
 
        Introduced  by  M.  of  A. THIELE, LUPARDO, STECK, HUNTER, KOLB, HAWLEY,
          DiPIETRO, STIRPE, BLANKENBUSH, BYRNES -- Multi-Sponsored by --  M.  of
          A. BARCLAY, GIGLIO, McDONOUGH -- read once and referred to the Commit-
          tee on Transportation
 
        AN  ACT to amend the vehicle and traffic law, in relation to the penalty
          for a moving violation which results in the serious bodily  injury  or
          death of another person
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1800 of the vehicle and traffic law is  amended  by
     2  adding a new subdivision (i) to read as follows:
     3    (i)  Every person convicted of a traffic infraction for a violation of
     4  any ordinance, order, rule or regulation adopted pursuant to title seven
     5  of this chapter which involves a moving violation with a motor  vehicle,
     6  where  such  violation  results in the serious bodily injury or death of
     7  another person, shall be guilty of a misdemeanor, which shall be punish-
     8  able by a fine of no less than three hundred dollars, or imprisonment of
     9  not more than thirty days or both such fine and  imprisonment,  and  the
    10  completion  of a motor vehicle accident prevention course, as defined by
    11  article twelve-B of this chapter.
    12    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    13  have become a law.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07114-01-9
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