Bill Text: NY S01041 | 2025-2026 | General Assembly | Introduced

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Bill Title: Amends provisions involving the arrest, prosecution, sentencing and penalties for offenses involving vehicular assault, manslaughter and homicide; removes certain barriers to prosecution for operating a vehicle under the influence of drugs or alcohol.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2025-01-08 - REFERRED TO CODES [S01041 Detail]

Download: New_York-2025-S01041-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1041

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced by Sens. PALUMBO, BORRELLO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, the vehicle and traffic law and the crim-
          inal procedure law, in relation to arrest, prosecution, sentencing and
          penalties  for  offenses involving vehicular assault, manslaughter and
          homicide and operating a vehicle under the influence of drugs or alco-
          hol

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as "Andrew's law".
     2    §  2.  Subdivision  1 of section 70.02 of the penal law, as separately
     3  amended by chapters 764 and 765 of the laws of 2005, paragraphs (a)  and
     4  (c) as amended by chapter 23 of the  laws  of  2024,  paragraph  (b)  as
     5  amended  by chapter 94 of the laws of 2020, and paragraph (d) as amended
     6  by chapter 7 of the laws of 2007, is amended to read as follows:
     7    1. Definition of a violent felony offense. A violent felony offense is
     8  a class B violent felony offense, a class C violent  felony  offense,  a
     9  class  D  violent  felony  offense, or a class E violent felony offense,
    10  defined as follows:
    11    (a) Class B violent felony offenses: an attempt to  commit  the  class
    12  A-I  felonies  of  murder  in  the  second  degree as defined in section
    13  125.25, kidnapping in the first degree as defined in section 135.25, and
    14  arson in the first degree  as  defined  in  section  150.20;  aggravated
    15  vehicular  homicide  as  defined  in section 125.14, manslaughter in the
    16  first degree as defined in section 125.20,  aggravated  manslaughter  in
    17  the  first degree as defined in section 125.22, rape in the first degree
    18  as defined in section  130.35,  a  crime  formerly  defined  in  section
    19  130.50,  aggravated  sexual  abuse  in  the  first  degree as defined in
    20  section 130.70, course of sexual conduct against a child  in  the  first
    21  degree  as  defined  in  section  130.75, assault in the first degree as

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02128-01-5
        S. 1041                             2

     1  defined in section 120.10, kidnapping in the second degree as defined in
     2  section 135.20, burglary in the  first  degree  as  defined  in  section
     3  140.30, arson in the second degree as defined in section 150.15, robbery
     4  in  the  first  degree  as defined in section 160.15, sex trafficking as
     5  defined in paragraphs (a) and (b) of subdivision five of section 230.34,
     6  sex trafficking of a child as defined in section 230.34-a, incest in the
     7  first degree as defined in section  255.27,  criminal  possession  of  a
     8  weapon in the first degree as defined in section 265.04, criminal use of
     9  a  firearm  in  the  first degree as defined in section 265.09, criminal
    10  sale of a firearm in the first degree  as  defined  in  section  265.13,
    11  aggravated  assault  upon a police officer or a peace officer as defined
    12  in section 120.11, gang assault  in  the  first  degree  as  defined  in
    13  section  120.07, intimidating a victim or witness in the first degree as
    14  defined in section 215.17, hindering prosecution  of  terrorism  in  the
    15  first  degree  as  defined  in  section 490.35, criminal possession of a
    16  chemical weapon or biological weapon in the second degree as defined  in
    17  section  490.40,  and  criminal  use  of a chemical weapon or biological
    18  weapon in the third degree as defined in section 490.47.
    19    (b) Class C violent felony offenses: an attempt to commit any  of  the
    20  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
    21  vated criminally negligent homicide as defined in section 125.11, vehic-
    22  ular manslaughter in the first degree  as  defined  in  section  125.13,
    23  aggravated  manslaughter  in  the  second  degree  as defined in section
    24  125.21, aggravated sexual abuse in  the  second  degree  as  defined  in
    25  section  130.67,  aggravated  vehicular  assault  as  defined in section
    26  120.04-a, assault on a peace officer,  police  officer,  firefighter  or
    27  emergency  medical  services  professional as defined in section 120.08,
    28  assault on a judge as defined in section 120.09,  gang  assault  in  the
    29  second  degree  as defined in section 120.06, strangulation in the first
    30  degree as defined in section 121.13, aggravated strangulation as defined
    31  in section 121.13-a, burglary in the second degree as defined in section
    32  140.25, robbery in the second degree as defined in section 160.10, crim-
    33  inal possession of a weapon in the second degree as defined  in  section
    34  265.03,  criminal  use  of  a firearm in the second degree as defined in
    35  section 265.08, criminal sale of a  firearm  in  the  second  degree  as
    36  defined  in section 265.12, criminal sale of a firearm with the aid of a
    37  minor as defined in section 265.14, aggravated criminal possession of  a
    38  weapon as defined in section 265.19, soliciting or providing support for
    39  an  act  of  terrorism in the first degree as defined in section 490.15,
    40  hindering prosecution of terrorism in the second degree  as  defined  in
    41  section  490.30, and criminal possession of a chemical weapon or biolog-
    42  ical weapon in the third degree as defined in section 490.37.
    43    (c) Class D violent felony offenses: an attempt to commit any  of  the
    44  class  C  felonies set forth in paragraph (b) of this subdivision; reck-
    45  less assault of a child as defined in section 120.02, vehicular  assault
    46  in  the first degree as defined in section 120.04, assault in the second
    47  degree as defined in section 120.05, menacing a police officer or  peace
    48  officer as defined in section 120.18, stalking in the first degree[,] as
    49  defined  in  subdivision  one  of  section  120.60, strangulation in the
    50  second degree as defined in section 121.12,  vehicular  manslaughter  in
    51  the  second  degree  as  defined  in  section 125.12, rape in the second
    52  degree as defined in section 130.30, a crime formerly defined in section
    53  130.45, sexual abuse in the first degree as defined in  section  130.65,
    54  course of sexual conduct against a child in the second degree as defined
    55  in  section  130.80,  aggravated  sexual  abuse  in  the third degree as
    56  defined in section 130.66, facilitating a sex offense with a  controlled
        S. 1041                             3

     1  substance  as defined in section 130.90, labor trafficking as defined in
     2  paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
     3  possession  of  a  weapon  in the third degree as defined in subdivision
     4  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
     5  a firearm in the third degree as defined in section 265.11, intimidating
     6  a  victim  or witness in the second degree as defined in section 215.16,
     7  soliciting or providing support for an act of terrorism  in  the  second
     8  degree  as defined in section 490.10, and making a terroristic threat as
     9  defined in section 490.20, falsely reporting an incident  in  the  first
    10  degree  as  defined in section 240.60, placing a false bomb or hazardous
    11  substance in the first degree as defined in section  240.62,  placing  a
    12  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
    13  transportation facility or enclosed shopping mall as defined in  section
    14  240.63,  aggravated  unpermitted use of indoor pyrotechnics in the first
    15  degree as defined in section 405.18, and criminal manufacture, sale,  or
    16  transport  of  an  undetectable  firearm, rifle or shotgun as defined in
    17  section 265.50.
    18    (d) Class E violent felony offenses: an attempt to commit any  of  the
    19  felonies  of  criminal  possession  of  a  weapon in the third degree as
    20  defined in subdivision five, six, seven or eight of section 265.02 as  a
    21  lesser  included offense of that section as defined in section 220.20 of
    22  the criminal procedure law, vehicular assault in the  second  degree  as
    23  defined in section 120.03, persistent sexual abuse as defined in section
    24  130.53,  aggravated  sexual  abuse  in  the  fourth degree as defined in
    25  section 130.65-a, falsely reporting an incident in the second degree  as
    26  defined  in  section  240.55  and  placing  a  false  bomb  or hazardous
    27  substance in the second degree as defined in section 240.61.
    28    § 3. Subdivision 2 of section 70.25 of the penal law, as   amended  by
    29  chapter 56 of the laws of 1984, is amended to read as follows:
    30    2.  (a)  When  more  than one sentence of imprisonment is imposed on a
    31  person for two or more offenses committed through a single act or  omis-
    32  sion,  or  through an act or omission which in itself constituted one of
    33  the offenses  and  also  was  a  material  element  of  the  other,  the
    34  sentences, except if one or more of such sentences is for a violation of
    35  section 270.20 of this chapter, must run concurrently.
    36    (b)  Notwithstanding  paragraph (a) of this subdivision, the court may
    37  impose consecutive sentences where: (i) more than one sentence of impri-
    38  sonment is imposed on a person for two or more counts of section 120.03,
    39  120.04, 120.04-a, subdivisions three and four of section 120.05, 120.10,
    40  120.11, 125.10, 125.11, 125.12, 125.13, 125.14, 125.15, 125.20,  125.21,
    41  125.22,  125.25;  and  (ii) such multiple counts were charged based upon
    42  multiple victims suffering physical injury, serious physical  injury  or
    43  death as a result of a single act or omission of the defendant.
    44    § 4. Paragraph (a) of subdivision 2 of section 1194 of the vehicle and
    45  traffic  law,  as amended by chapter 196 of the laws of 1996, is amended
    46  to read as follows:
    47    (a) When authorized. Any person who operates a motor vehicle  in  this
    48  state shall be deemed to have given consent to a chemical test of one or
    49  more  of the following: breath, blood, urine, or saliva, for the purpose
    50  of determining the alcoholic and/or drug content of the  blood  provided
    51  that  such test is administered by or at the direction of a police offi-
    52  cer with respect to a chemical test of breath, urine or saliva or,  with
    53  respect  to a chemical test of blood, at the direction of a police offi-
    54  cer:
    55    (1) having reasonable grounds to believe  such  person  to  have  been
    56  operating  in  violation  of  any  subdivision of section eleven hundred
        S. 1041                             4

     1  ninety-two of this article and within two hours after  such  person  has
     2  been  placed  under  arrest for any such violation; or having reasonable
     3  grounds to believe such person to have been operating  in  violation  of
     4  section eleven hundred ninety-two-a of this article and within two hours
     5  after the stop of such person for any such violation[,];
     6    (2)  [within  two  hours after a breath test, as provided in paragraph
     7  (b) of subdivision one of this section, indicates that alcohol has  been
     8  consumed by such person and in accordance with the rules and regulations
     9  established by the police force of which the officer is a member;
    10    (3)]  for  the  purposes  of  this  paragraph, "reasonable grounds" to
    11  believe that a person has been operating a motor  vehicle  after  having
    12  consumed  alcohol in violation of section eleven hundred ninety-two-a of
    13  this article shall be determined by  viewing  the  totality  of  circum-
    14  stances  surrounding  the  incident which, when taken together, indicate
    15  that the operator was driving in violation  of  such  subdivision.  Such
    16  circumstances  may include any visible or behavioral indication of alco-
    17  hol consumption by the operator, the  existence  of  an  open  container
    18  containing  or  having  contained an alcoholic beverage in or around the
    19  vehicle driven by the operator, or any other  evidence  surrounding  the
    20  circumstances of the incident which indicates that the operator has been
    21  operating  a  motor vehicle after having consumed alcohol at the time of
    22  the incident; or
    23    [(4)] (3) notwithstanding any other provision of law to the  contrary,
    24  no  person  under the age of twenty-one shall be arrested for an alleged
    25  violation of  section  eleven  hundred  ninety-two-a  of  this  article.
    26  However,  a  person under the age of twenty-one for whom a chemical test
    27  is authorized pursuant to this paragraph may be temporarily detained  by
    28  the  police  solely  for the purpose of requesting or administering such
    29  chemical test whenever arrest without a  warrant  for  a  petty  offense
    30  would  be authorized in accordance with the provisions of section 140.10
    31  of the criminal procedure law or paragraph (a)  of  subdivision  one  of
    32  this section.
    33    § 5. Paragraph (b) of subdivision 3 of section 1194 of the vehicle and
    34  traffic  law,  as added by chapter 47 of the laws of 1988, is amended to
    35  read as follows:
    36    (b) When authorized. Upon refusal by any person to submit to a  chemi-
    37  cal  test  or any portion thereof as described above, the test shall not
    38  be given unless a police officer or a district attorney, as  defined  in
    39  subdivision  thirty-two  of  section 1.20 of the criminal procedure law,
    40  requests and obtains a court order to compel a person  to  submit  to  a
    41  chemical test to determine the alcoholic or drug content of the person's
    42  blood upon a finding of reasonable cause to believe that:
    43    (1)  such person was the operator of a motor vehicle and in the course
    44  of such operation a  person  other  than  the  operator  was  killed  or
    45  suffered  serious  physical  injury  as  defined in section 10.00 of the
    46  penal law; and
    47    (2) a. either such person operated the vehicle  in  violation  of  any
    48  subdivision of section eleven hundred ninety-two of this article, or
    49    b.  a  breath test administered by a police officer in accordance with
    50  paragraph (b) of subdivision one of this section indicates that  alcohol
    51  has been consumed by such person; and
    52    (3) [such person has been placed under lawful arrest; and
    53    (4)]  such  person  has  refused to submit to a chemical test or field
    54  test or any portion thereof, requested in accordance with the provisions
    55  of paragraph (a) of subdivision two of this section or is unable to give
    56  consent to such a test.
        S. 1041                             5

     1    § 6. Paragraph (a) of subdivision 1 of section 70.06 of the penal law,
     2  as amended by chapter 410 of the laws of 1979, is  amended  to  read  as
     3  follows:
     4    (a)  A second felony offender is a person, other than a second violent
     5  felony offender as defined in section 70.04 of this article, who  stands
     6  convicted  of  a  felony  defined  in this chapter or in the vehicle and
     7  traffic law, other than a class A-I felony, after having previously been
     8  subjected to one or more predicate  felony  convictions  as  defined  in
     9  paragraph (b) of this subdivision.
    10    §  7. Paragraph (b) of subdivision 1 of section 160.10 of the criminal
    11  procedure law, as amended by chapter 762 of the laws of 1971, is amended
    12  to read as follows:
    13    (b) A misdemeanor defined in the penal law or the vehicle and  traffic
    14  law; or
    15    § 8. Section 114-a of the vehicle and traffic law, as amended by chap-
    16  ter 92 of the laws of 2021, is amended to read as follows:
    17    § 114-a. Drug.  The  term "drug" when used in this chapter, means [and
    18  includes] any substance that impairs the physical  or  mental  abilities
    19  necessary to operate a motor vehicle as a reasonable and prudent driver,
    20  including  but  not  limited to, any substance listed in section thirty-
    21  three hundred six of the public health law and cannabis and concentrated
    22  cannabis as defined in section 222.00 of the penal law.
    23    § 9. Paragraph (e) of subdivision 2 of section 1193 of the vehicle and
    24  traffic law is amended by  adding  a  new  subparagraph  8  to  read  as
    25  follows:
    26    (8)   Suspension  pending  prosecution;  drug  impairment.  Except  as
    27  provided in clause a-1 of subparagraph seven of this paragraph, a  court
    28  shall  suspend  a  driver's  license, pending prosecution, of any person
    29  charged with a violation of subdivision four or four-a of section eleven
    30  hundred ninety-two of this article  who,  at  the  time  of  arrest,  is
    31  alleged to have been driving while ability impaired by drugs.
    32    §  10. Paragraph (a) of subdivision 3 of section 30.30 of the criminal
    33  procedure law, as amended by section 1 of part KKK of chapter 59 of  the
    34  laws of 2019, is amended to read as follows:
    35    (a)  Subdivisions one and two of this section do not apply to a crimi-
    36  nal action wherein the defendant is accused of  an  offense  defined  in
    37  sections  125.10, 125.12, 125.13, 125.14, 125.15, 125.20, 125.25, 125.26
    38  and 125.27 of the penal law.
    39    § 11. Paragraph c of subdivision 2 of section 600 of the  vehicle  and
    40  traffic  law,  as amended by chapter 497 of the laws of 2022, is amended
    41  to read as follows:
    42    c. A violation of the provisions of paragraph a  of  this  subdivision
    43  resulting solely from the failure of an operator to exhibit [his or her]
    44  their  license  and  insurance  identification  card  for the vehicle or
    45  exchange the information required in such paragraph shall  constitute  a
    46  class  B  misdemeanor  punishable by a fine of not less than two hundred
    47  fifty nor more than five hundred dollars in addition to any other penal-
    48  ties provided by law. Any subsequent such violation shall  constitute  a
    49  class  A  misdemeanor punishable by a fine of not less than five hundred
    50  nor more than one thousand dollars in addition to  any  other  penalties
    51  provided  by law. Any violation of the provisions of paragraph a of this
    52  subdivision, other than for the mere failure of an operator  to  exhibit
    53  [his  or  her]  their license and insurance identification card for such
    54  vehicle or exchange the information required in  such  paragraph,  shall
    55  constitute  a class A misdemeanor, punishable by a fine of not less than
    56  seven hundred fifty dollars nor more than one thousand dollars in  addi-
        S. 1041                             6

     1  tion  to any other penalties provided by law. Any such violation commit-
     2  ted by a person after such person has previously been convicted of  such
     3  a  violation  shall constitute a class E felony, punishable by a fine of
     4  not less than one thousand nor more than three thousand dollars in addi-
     5  tion  to  any  other  penalties  provided  by  law. Any violation of the
     6  provisions of paragraph a of this subdivision, other than for  the  mere
     7  failure  of an operator to exhibit [his or her] their license and insur-
     8  ance identification card for such vehicle or  exchange  the  information
     9  required  in  such  paragraph,  where  the  personal injury involved (i)
    10  results in serious physical injury, as defined in section 10.00  of  the
    11  penal  law,  shall constitute a class [E] D felony, punishable by a fine
    12  of not less than one thousand nor more than  five  thousand  dollars  in
    13  addition  to  any  other  penalties  provided by law, or (ii) results in
    14  death shall constitute a class [D] C felony punishable by a fine of  not
    15  less  than  two thousand nor more than five thousand dollars in addition
    16  to any other penalties provided by law.
    17    § 12. This act shall take effect on  the  one  hundred  twentieth  day
    18  after it shall have become a law.