Bill Text: NY A05356 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the penal law, in relation to enacting the "Johnny Lopez law"; and to repeal subdivision 1 of section 125.13 of such law relating to vehicular manslaughter in the first degree
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2010-01-06 - referred to codes [A05356 Detail]
Download: New_York-2009-A05356-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5356 2009-2010 Regular Sessions I N A S S E M B L Y February 13, 2009 ___________ Introduced by M. of A. SPANO, MAYERSOHN, GABRYSZAK, BROOK-KRASNY -- Multi-Sponsored by -- M. of A. ABBATE, GALEF, HOOPER, WEISENBERG -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to enacting the "Johnny Lopez law"; and to repeal subdivision 1 of section 125.13 of such law relat- ing to vehicular manslaughter in the first degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Johnny Lopez law". 3 S 2. Subdivision 1 of section 125.13 of the penal law is REPEALED. 4 S 3. Subdivision 2 of section 125.25 of the penal law, as amended by 5 chapter 791 of the laws of 1967, is amended to read as follows: 6 2. Under circumstances evincing a depraved indifference to human life, 7 he OR SHE recklessly engages in conduct which creates a grave risk of 8 death to another person, and thereby causes the death of another person. 9 FOR THE PURPOSES OF THIS SUBDIVISION, "CIRCUMSTANCES EVINCING A DEPRAVED 10 INDIFFERENCE TO HUMAN LIFE" SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, 11 THE OPERATION OF A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION TWO-A OF 12 SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW. 13 PROVIDED FURTHER THAT IF IT IS ESTABLISHED THAT THE PERSON OPERATED A 14 MOTOR VEHICLE IN VIOLATION OF SUCH SUBDIVISION, THEN THERE SHALL BE A 15 REBUTTABLE PRESUMPTION, THAT AS A RESULT OF SUCH VIOLATION, SUCH PERSON 16 ENGAGED IN RECKLESS CONDUCT WHICH CREATES A GRAVE RISK OF DEATH TO 17 ANOTHER PERSON; or 18 S 4. This act shall take effect on the first of November next succeed- 19 ing the date on which it shall have become a law. REPEAL NOTE.--Subdivision 1 of section 125.13 of the penal law, proposed to be repealed by section two of this act, includes within the class C felony of vehicular manslaughter in the first degree, the commission of vehicular manslaughter in the second degree while having a blood/alcohol content of .18 of one per centum or greater. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07834-01-9