DRIVING WHILE INTOXICATED REFORM

LAWS OF NEW YORK, 2007
CHAPTER 345

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.

AN ACT to amend the penal law and the vehicle and traffic law, in
relation to creating the crimes of aggravated vehicular assault and
aggravated vehicular homicide

Became a law July 18, 2007, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

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

Section 1. The penal law is amended by adding a new section 120.04-a
to read as follows:
§ 120.04-a Aggravated vehicular assault.
A person is guilty of aggravated vehicular assault when he or she
engages in reckless driving as defined by section twelve hundred twelve
of the vehicle and traffic law, and commits the crime of vehicular
assault in the second degree as defined in section 120.03 of this arti-
cle, and either:
(1) commits such crimes while operating a motor vehicle while such
person has .18 of one per centum or more by weight of alcohol in such
person's blood as shown by chemical analysis of such person's blood,
breath, urine or saliva made pursuant to the provisions of section elev-
en hundred ninety-four of the vehicle and traffic law;
(2) commits such crimes while knowing or having reason to know that:
(a) his or her license or his or her privilege of operating a motor
vehicle in another state or his or her privilege of obtaining a license
to operate a motor vehicle in another state is suspended or revoked and
such suspension or revocation is based upon a conviction in such other
state for an offense which would, if committed in this state, constitute
a violation of any of the provisions of section eleven hundred ninety-
two of the vehicle and traffic law; or (b) his or her license or his or
her privilege of operating a motor vehicle in this state or his or her
privilege of obtaining a license issued by the commissioner of motor
vehicles is suspended or revoked and such suspension or revocation is
based upon either a refusal to submit to a chemical test pursuant to
section eleven hundred ninety-four of the vehicle and traffic law or
following a conviction for a violation of any of the provisions of
section eleven hundred ninety-two of the vehicle and traffic law;
(3) has previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of the vehicle and traffic law
within the preceding ten years, provided that, for the purposes of this
subdivision, a conviction in any other state or jurisdiction for an
offense which, if committed in this state, would constitute a violation
of section eleven hundred ninety-two of the vehicle and traffic law,
shall be treated as a violation of such law;
(4) causes serious physical injury to more than one other person; or
(5) has previously been convicted of violating any provision of this
article or article one hundred twenty-five of this title involving the
operation of a motor vehicle, or was convicted in any other state or
jurisdiction of an offense involving the operation of a motor vehicle
which, if committed in this state, would constitute a violation of this
article or article one hundred twenty-five of this title.
If it is established that the person operating such motor vehicle
caused such serious physical injury or injuries while unlawfully intoxi-
cated or impaired by the use of alcohol or a drug, or by the combined
influence of drugs or of alcohol and any drug or drugs, then there shall
be a rebuttable presumption that, as a result of such intoxication or
impairment by the use of alcohol or a drug, or by the combined influence
of drugs or of alcohol and any drug or drugs, such person operated the
motor vehicle in a manner that caused such serious physical injury or
injuries, as required by this section and section 120.03 of this arti-
cle.
Aggravated vehicular assault is a class C felony.
§ 2. The penal law is amended by adding a new section 125.14 to read
as follows:
§ 125.14 Aggravated vehicular homicide.
A person is guilty of aggravated vehicular homicide when he or she
engages in reckless driving as defined by section twelve hundred twelve
of the vehicle and traffic law, and commits the crime of vehicular
manslaughter in the second degree as defined in section 125.12 of this
article, and either:
(1) commits such crimes while operating a motor vehicle while such
person has .18 of one per centum or more by weight of alcohol in such
person's blood as shown by chemical analysis of such person's blood,
breath, urine or saliva made pursuant to the provisions of section elev-
en hundred ninety-four of the vehicle and traffic law;
(2) commits such crimes while knowing or having reason to know that:
(a) his or her license or his or her privilege of operating a motor
vehicle in another state or his or her privilege of obtaining a license
to operate a motor vehicle in another state is suspended or revoked and
such suspension or revocation is based upon a conviction in such other
state for an offense which would, if committed in this state, constitute
a violation of any of the provisions of section eleven hundred ninety-
two of the vehicle and traffic law; or (b) his or her license or his or
her privilege of operating a motor vehicle in this state or his or her
privilege of obtaining a license issued by the commissioner of motor
vehicles is suspended or revoked and such suspension or revocation is
based upon either a refusal to submit to a chemical test pursuant to
section eleven hundred ninety-four of the vehicle and traffic law or
following a conviction for a violation of any of the provisions of
section eleven hundred ninety-two of the vehicle and traffic law;
(3) has previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of the vehicle and traffic law
within the preceding ten years, provided that, for the purposes of this
subdivision, a conviction in any other state or jurisdiction for an
offense which, if committed in this state, would constitute a violation
of section eleven hundred ninety-two of the vehicle and traffic law,
shall be treated as a violation of such law;
(4) causes the death of more than one other person;
(5) causes the death of one person and the serious physical injury of
at least one other person; or
(6) has previously been convicted of violating any provision of this
article or article one hundred twenty of this title involving the opera-
tion of a motor vehicle, or was convicted in any other state or juris-
diction of an offense involving the operation of a motor vehicle which,
if committed in this state, would constitute a violation of this article
or article one hundred twenty of this title.
If it is established that the person operating such motor vehicle
caused such death or deaths while unlawfully intoxicated or impaired by
the use of alcohol or a drug, or by the combined influence of drugs or
of alcohol and any drug or drugs, then there shall be a rebuttable
presumption that, as a result of such intoxication or impairment by the
use of alcohol or a drug, or by the combined influence of drugs or of
alcohol and any drug or drugs, such person operated the motor vehicle in
a manner that caused such death or deaths, as required by this section
and section 125.12 of this article.
Aggravated vehicular homicide is a class B felony.
§ 3. Subparagraph (v) of paragraph (b) of subdivision 1 of section
509-c of the vehicle and traffic law, as added by chapter 360 of the
laws of 1986, is amended to read as follows:
(v) has been convicted of a violation of section 120.04, 120.04-a,
125.13, 125.14 or 235.07 of the penal law.
§ 4. Subparagraph (iv) of paragraph (b) of subdivision 2 of section
509-c of the vehicle and traffic law, as added by chapter 360 of the
laws of 1986, is amended to read as follows:
(iv) has been convicted of a violation of section 120.04, 120.04-a,
125.13 or 235.07 of the penal law.
§ 5. Subparagraph (v) of paragraph (c) of subdivision 2 of section
509-cc of the vehicle and traffic law, as added by chapter 360 of the
laws of 1986, is amended to read as follows:
(v) has been convicted of a violation of section 120.04, 120.04-a,
125.13, 125.14 or 235.07 of the penal law.
§ 6. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 360 of the laws of 1986, is
amended to read as follows:
(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 125.13, 125.14,
125.40, 125.45, 130.20, 130.25, 130.55, 135.10, 135.55, 140.17, 140.25,
140.30, 145.12, 150.10, 150.15, 160.05, 160.10, [220.05,] 220.06,
220.09, 220.16, 220.31, 220.34, 220.60, 221.30, 221.50, 221.55, 230.00,
230.05, 230.06, 230.20, 230.25, 230.30, 230.32, 235.05, 235.06, 235.07,
235.21, 240.06, 245.00, 260.10, subdivision two of section 260.20 and
sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35
of the penal law or an attempt to commit any of the aforesaid offenses
under section 110.00 of the penal law, or any similar offenses committed
under a former section of the penal law, or any offenses committed under
a former section of the penal law which would constitute violations of
the aforesaid sections of the penal law, or any offenses committed
outside this state which would constitute violations of the aforesaid
sections of the penal law.
§ 7. Subparagraphs (i) and (ii) of paragraph (c) of subdivision 1 of
section 1193 of the vehicle and traffic law, as amended by chapter 732
of the laws of 2006, are amended to read as follows:
(i) A person who operates a vehicle in violation of subdivision two,
two-a, three, four or four-a of section eleven hundred ninety-two of
this article after having been convicted of a violation of subdivision
two, two-a, three, four or four-a of such section or of vehicular
assault in the second or first degree, as defined, respectively, in
sections 120.03 and 120.04 and aggravated vehicular assault as defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such law, within the preceding ten years, shall be guilty of a class E
felony, and shall be punished by a fine of not less than one thousand
dollars nor more than five thousand dollars or by a period of imprison-
ment as provided in the penal law, or by both such fine and imprison-
ment.
(ii) A person who operates a vehicle in violation of subdivision two,
two-a, three, four or four-a of section eleven hundred ninety-two of
this article after having been convicted of a violation of subdivision
two, two-a, three, four or four-a of such section or of vehicular
assault in the second or first degree, as defined, respectively, in
sections 120.03 and 120.04 and aggravated vehicular assault as defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such law, twice within the preceding ten years, shall be guilty of a
class D felony, and shall be punished by a fine of not less than two
thousand dollars nor more than ten thousand dollars or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment.
§ 8. Subparagraph 3 of paragraph (a) of subdivision 1 of section 1197
of the vehicle and traffic law, as separately amended by chapters 196
and 688 of the laws of 1996, is amended to read as follows:
(3) imposed upon a conviction for: aggravated vehicular assault,
pursuant to section 120.04-a of the penal law; vehicular assault in the
first degree, pursuant to section 120.04 of the penal law; vehicular
assault in the second degree, pursuant to section 120.03 of the penal
law; aggravated vehicular homicide, pursuant to section 125.14 of the
penal law; vehicular manslaughter in the first degree, pursuant to
section 125.13 of the penal law; and vehicular manslaughter in the
second degree, pursuant to section 125.12 of the penal law, as provided
in section eighteen hundred three of this chapter. Upon receipt of these
moneys, the county shall deposit them in a separate account entitled
"special traffic options program for driving while intoxicated" and they
shall be under the exclusive care, custody and control of the chief
fiscal officer of each county participating in the program.
§ 9. Subparagraph (ii) of paragraph (b) of subdivision 2 of section
1198-a of the vehicle and traffic law, as added by chapter 732 of the
laws of 2006, is amended to read as follows:
(ii) following the arraignment of any person charged with or, at the
discretion of the court, prior to the sentencing of any person convicted
of a violation of subdivision one, two, three, four or four-a of section
eleven hundred ninety-two of this article after having been convicted of
a violation of any subdivision of section eleven hundred ninety-two of
this article or of vehicular assault in the second or first degree, as
defined, respectively, in sections 120.03 and 120.04 of the penal law or
of aggravated vehicular assault, as defined in section 120.04-a of the
penal law or of vehicular manslaughter in the second or first degree, as
defined, respectively, in sections 125.12 and 125.13 of the penal law or
of aggravated vehicular homicide, as defined in section 125.14 of such
law within the preceding five years or after having been convicted of a
violation of any subdivision of such section or of vehicular assault in
the second or first degree, as defined, respectively, in sections 120.03
and 120.04 of the penal law or of aggravated vehicular assault, as
defined in section 120.04-a of the penal law or of vehicular manslaught-
er in the second or first degree, as defined, respectively, in sections
125.12 and 125.13 of the penal law or of aggravated vehicular homicide,
as defined in section 125.14 of such law, two or more times within the
preceding ten years; or
§ 10. The opening paragraph of subdivision 9 of section 1803 of the
vehicle and traffic law, as separately amended by chapters 196 and 688
of the laws of 1996, is amended to read as follows:
Where a county establishes a special traffic options program for driv-
ing while intoxicated, approved by the commissioner of motor vehicles,
pursuant to section eleven hundred ninety-seven of this chapter, all
fines, penalties and forfeitures collected from violations of subpara-
graphs (ii) and (iii) of paragraph (a) of subdivision two or subpara-
graph (i) of paragraph (a) of subdivision three of section five hundred
eleven,[;] all fines, penalties and forfeitures imposed in accordance
with section eleven hundred ninety-three of this chapter collected from
violations of section eleven hundred ninety-two of this chapter; and any
fines or forfeitures collected by any court, judge, magistrate or other
officer imposed upon a conviction for: aggravated vehicular assault,
pursuant to section 120.04-a of the penal law; vehicular assault in the
first degree, pursuant to section 120.04 of the penal law; vehicular
assault in the second degree, pursuant to section 120.03 of the penal
law; aggravated vehicular homicide, pursuant to section 125.14 of the
penal law; vehicular manslaughter in the first degree, pursuant to
section 125.13 of the penal law; and vehicular manslaughter in the
second degree, pursuant to section 125.12 of the penal law and civil
penalties imposed pursuant to subdivision two of section eleven hundred
ninety-four-a of this chapter, shall be paid to such county.
§ 11. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO
Temporary President of the Senate
SHELDON SILVER
Speaker of the Assembly