LAWS OF NEW YORK, 2005
CHAPTER 39

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

AN ACT to amend the penal law, in relation to enacting "Vasean's law" Became a law May 17, 2005, 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 Assembly, do enact as follows:

Section 1. This act shall be known and may be cited as "Vasean's law".

§ 2. Section 120.03 of the penal law, as separately amended by chapters 427 and 805 of the laws of 1992 and subdivision 3 as amended by chapter 629 of the laws of 1998, is amended to read as follows:

§ 120.03 Vehicular assault in the second degree.

A person is guilty of vehicular assault in the second degree when he or she causes serious physical injury to another person, and either:

(1) [with criminal negligence he causes serious physical injury to another person, and either

(2) causes such serious physical injury by operation of] operates a motor vehicle in violation of subdivision two, three or four of section eleven hundred ninety-two of the vehicle and traffic law or [by operation of] operates a vessel or public vessel in violation of paragraph

(b), (c), (d) or (e) of subdivision two of section forty-nine-a of the navigation law, and as a result of such intoxication or impairment by the use of a drug, operates such motor vehicle, vessel or public vessel in a manner that causes such serious physical injury to such other person, or

[(3) causes such serious physical injury by operation of] (2) operates a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives in violation of subdivision one of section eleven hundred ninety-two of the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such serious physical injury, [by operation of] and as a result of such intoxication or impairment by the use of a drug, operates such motor vehicle in a manner that causes such serious physical injury to such other person, or

(3) operates a snowmobile in violation of paragraph (b), (c) or (d) of subdivision one of section 25.24 of the parks, recreation and historic preservation law or [by operation of] operates an all terrain vehicle as defined in paragraph (a) of subdivision one of section twenty-two hundred eighty-one of the vehicle and traffic law and in violation of subdivision two, three, or four of section eleven hundred ninety-two of the vehicle and traffic law, and as a result of such intoxication orimpairment by the use of a drug, operates such snowmobile or all terrainvehicle in a manner that causes such serious physical injury to such other person.

If it is established that the person operating such motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle caused such serious physical injury while unlawfully intoxicated or impaired by theuse of a drug, then there shall be a rebuttable presumption that, as aresult of such intoxication or impairment by the use of a drug, suchperson operated the motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle in a manner that caused such serious physical injury, as required by this section. Vehicular assault in the second degree is a class E felony.

§ 3. Section 120.04 of the penal law, as added by chapter 507 of the laws of 1985 and subdivision 2 as amended by chapter 528 of the laws of 1996, is amended to read as follows:

§ 120.04 Vehicular assault in the first degree.

A person is guilty of vehicular assault in the first degree when he or she:

(1) commits the crime of vehicular assault in the second degree as defined in section 120.03, and

(2) commits such crime 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 the 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.

If it is established that the person operating such motor vehicle caused such serious physical injury while unlawfully intoxicated or impaired by the use of a drug, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of a drug, such person operated the motor vehicle in a manner that caused such serious physical injury, as required by this section.

Vehicular assault in the first degree is a class D felony.

§ 4. Section 125.12 of the penal law, as separately amended by chapters 427 and 805 of the laws of 1992 and subdivision 3 as amended by chapter 629 of the laws of 1998, is amended to read as follows:

§ 125.12 Vehicular manslaughter in the second degree.

A person is guilty of vehicular manslaughter in the second degree when he or she causes the death of another person, and either:

(1) [commits the crime of criminally negligent homicide as defined in section 125.10, and either

(2) causes the death of such other person by operation of] operates a motor vehicle in violation of subdivision two, three or four of section eleven hundred ninety-two of the vehicle and traffic law or [by operation of] operates a vessel or public vessel in violation of paragraph

(b), (c), (d) or (e) of subdivision two of section forty-nine-a of the navigation law, and as a result of such intoxication or impairment by the use of a drug, operates such motor vehicle, vessel or public vessel in a manner that causes the death of such other person, or

[(3) causes the death of such other person by operation of] (2) operates a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives in violation of subdivision one of section eleven hundred ninety-two of the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such death, [by operation of] and as a result of such intoxication or impairment by the use of a drug, operates such motor vehicle in a manner that causes the death of such other person, or

(3) operates a snowmobile in violation of paragraph (b), (c) or (d) of subdivision one of section 25.24 of the parks, recreation and historic preservation law or [by operation of] operates an all terrain vehicle as defined in paragraph (a) of subdivision one of section twenty-two hundred eighty-one of the vehicle and traffic law in violation of subdivision two, three, or four of section eleven hundred ninety-two of the vehicle and traffic law, and as a result of such intoxication or impairment by the use of a drug, operates such snowmobile or all terrain vehicle in a manner that causes the death of such other person.

If it is established that the person operating such motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle caused such death while unlawfully intoxicated or impaired by the use of a drug, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of a drug, such person operated the motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle in a manner that caused such death, as required by this section.

Vehicular manslaughter in the second degree is a class D felony.

§ 5. Section 125.13 of the penal law, as added by chapter 507 of the laws of 1985 and subdivision 2 as amended by chapter 528 of the laws of 1996, is amended to read as follows:

§ 125.13 Vehicular manslaughter in the first degree.

A person is guilty of vehicular manslaughter in the first degree when he or she:

(1) commits the crime of vehicular manslaughter in the second degree as defined in section 125.12, and

(2) commits such crime 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 the 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.

If it is established that the person operating such motor vehicle caused such death while unlawfully intoxicated or impaired by the use of a drug, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of a drug, such person operated the motor vehicle in a manner that caused such death, as required by this section.

Vehicular manslaughter in the first degree is a class C felony.

§ 6. 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