Bill Text: NY A05818 | 2015-2016 | General Assembly | Amended

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Bill Title: Makes aggravated vehicular homicide a violent felony offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-10 - print number 5818a [A05818 Detail]

Download: New_York-2015-A05818-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5818--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                      March 5, 2015
                                       ___________
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on  Codes  -- recommitted to the Committee on Codes in accordance with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the penal  law,  in  relation  to  including  aggravated
          vehicular homicide as a violent felony offense
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Paragraph (a) of subdivision 1 of  section  70.02  of  the
     2  penal  law, as amended by chapter 368 of the laws of 2015, is amended to
     3  read as follows:
     4    (a) Class B violent felony offenses: an attempt to  commit  the  class
     5  A-I  felonies  of  murder  in  the  second  degree as defined in section
     6  125.25, kidnapping in the first degree as defined in section 135.25, and
     7  arson in the first degree as defined in section 150.20; manslaughter  in
     8  the  first  degree as defined in section 125.20, aggravated manslaughter
     9  in the first degree as defined in section  125.22,  rape  in  the  first
    10  degree  as  defined  in section 130.35, criminal sexual act in the first
    11  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
    12  first  degree  as  defined  in  section 130.70, course of sexual conduct
    13  against a child in the  first  degree  as  defined  in  section  130.75;
    14  assault  in  the  first  degree as defined in section 120.10, aggravated
    15  vehicular homicide as defined  in  section  125.14,  kidnapping  in  the
    16  second degree as defined in section 135.20, burglary in the first degree
    17  as  defined  in section 140.30, arson in the second degree as defined in
    18  section 150.15, robbery in  the  first  degree  as  defined  in  section
    19  160.15, sex trafficking as defined in paragraphs (a) and (b) of subdivi-
    20  sion  five  of  section 230.34, incest in the first degree as defined in
    21  section 255.27, criminal possession of a weapon in the first  degree  as
    22  defined in section 265.04, criminal use of a firearm in the first degree
    23  as  defined  in  section 265.09, criminal sale of a firearm in the first
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05339-04-6
        A. 5818--A                          2
     1  degree as defined in section 265.13, aggravated assault  upon  a  police
     2  officer or a peace officer as defined in section 120.11, gang assault in
     3  the  first degree as defined in section 120.07, intimidating a victim or
     4  witness  in  the  first  degree  as defined in section 215.17, hindering
     5  prosecution of terrorism in the  first  degree  as  defined  in  section
     6  490.35, criminal possession of a chemical weapon or biological weapon in
     7  the  second  degree  as defined in section 490.40, and criminal use of a
     8  chemical weapon or biological weapon in the third degree as  defined  in
     9  section 490.47.
    10    § 2. This act shall take effect on the one hundred twentieth day after
    11  it shall have become a law.