BILL NUMBER: S1041
SPONSOR: PALUMBO
 
TITLE OF BILL:
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 alcohol
 
PURPOSE:
To reclassify vehicular crimes that result in serious physical injury
and/or death as violent crimes. Authorizes consecutive sentences for
vehicular crimes that result in multiple victim or mass casualty inci-
dents. Expedites the process for obtaining a warrant for a blood sample
when a drunk driver or drugged driver seriously injures or kills another
person.
 
SUMMARY OF PROVISIONS:
Section 1. Cites this act as Andrew's Law
Sections 2, 3, 6 and 7 to bring equality and equity to serious vehicular
crimes that result in serious physical injury and/or death under the v&t
law and under the penal law
Sections 4, 5, 8 and 9 to remove barriers and antiquated standards that
pose unnecessary challenges to achieving justice for vehicular crimes
that result in serious physical injury and/or death.
 
JUSTIFICATION:
On September 30, 2018, 12-year-old Boy Scout Andrew McMorris, Thomas and
Denis Lane, Kaden Lynch and other members of Boy Scout Troop 161 were
hiking on the shoulder of David Terry Road in Suffolk County when a
drunk driver veered his SUV into them, violently mowing down multiple
members of the Troop.
Thomas Lane, 14, was hit first and suffered life-altering injuries that
required immediate surgery and drilling into his skull to treat him and
repair his severely fractured legs; his brother Denis Lane 16 was also
struck to his and face; 15-year-old Kaden Lynch was struck next and
sustained injuries to his waist and abdomen.
Lastly, the force of the SUV catapulted 100 pound Andrew McMorris onto
the hood then vaulted him into air where his friends saw him spin and
land face down in the mud. Andrew's father was there and rushed to his
child whose body was contorted, mangled and gravely injured by the
violent strike from the several thousand pound SUV. Andrew would never
regain consciousness to even say goodbye to his loved ones. He survived
for only a short time before he succumbed to his grave injuries.
The driver had been drinking vodka all morning and refused a ride from a
sober friend. He also refused a field test, which he can do under
current law. This causes time to pass and benefits the drunk driver when
testing blood alcohol concentration (BAC).
For 1 death, 1 serious injury, 1 head injury, 1 minor injury and trauma-
tizing all men and boys for the rest of their lives the charges were
aggravated vehicular homicide in the second degree, manslaughter in the
second degree, assault in the second degree, assault in the third degree
and reckless driving. Had the driver caused the death of more boys or
multiple more children, he would have faced no additional sanction.
Meaning, if the driver ran down all 12 boys causing death or serious
injury to each of them, the result would have been the same as the
above-described tragic outcome. Vehicular assault and homicide victims
are the only victims of violent crimes that are lumped together where a
person who kills or mains multiple individuals can commit consequence
free mass assaults or mass casualty homicides.
In an era where mass casualty incidents have been perpetrated by crimi-
nal actors using vehicles as a weapon, New York State must adapt. Crime
victims should not be treated differently based on the weapon of choice
used by their assailant. Equally, it is long overdue to resolve issues
in the law that make it hard to successfully gather critical evidence in
these cases, which also deprives victims of justice. It is time to bring
equality and equity in the law for victims of violent vehicular crimes
and mass casualty incidents.
 
LEGISLATIVE HISTORY:
2024 S.6608/A.7072
 
FISCAL IMPLICATIONS:
 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

Statutes affected:
S1041: 70.25 penal law, 70.25(2) penal law, 1194 vehicle and traffic law, 1194(2) vehicle and traffic law, 1194(3) vehicle and traffic law, 70.06 penal law, 70.06(1) penal law, 160.10 criminal procedure law, 160.10(1) criminal procedure law, 114-a vehicle and traffic law, 222.00 penal law, 30.30 criminal procedure law, 30.30(3) criminal procedure law, 600 vehicle and traffic law, 600(2) vehicle and traffic law