BILL NUMBER: S2114
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the vehicle and traffic law and the penal law, in
relation to enacting the "vehicular violence accountability act"
 
SUMMARY OF PROVISIONS:
Section one names the bill as the "vehicular violence accountability
act"
Section two creates a new article 126 to the penal law, establishing a
new Section 126 regarding new definitions, a new Section 126.05 creating
the crime of serious physical injury by vehicle, a new
Section 126 .10 creating the crime of aggravated serious physical injury
by vehicle, a new Section 126.15 creating the crime of death by vehicle,
and a new
Section 126.20 creating the crime of aggravated death by vehicle.
Section three sets the effective date as the first of November next
succeeding the date on which it shall have become law.
 
JUSTIFICATION:
A report from a Grand Jury of the Supreme Court, First Judicial
District, found that vehicular violence was an epidemic in New York
City, yet the tools available to prosecutors to bring drivers to justice
was found to be insufficient, due to a high burden of proof, which
prevents prosecutors from bringing charges for crimes that exist in the
penal law. (1) This Grand Jury took an extensive look into recent acci-
dents involving pedestrians and bicyclists who were struck by a vehicle
and either was seriously injured or killed. Particular attention was
given to children and to seniors since traffic threats pose a signif-
icant threat to NYC children, while senior citizens make up of NYC s
pedestrian deaths but 13% of its population. (2)
As a result of the investigation, the Grand Jury issued recommendations
for the New York City and New York State governments to follow. One of
these recommendations came out of a fear that prosecutorial tools avail-
able were too weak to match the seriousness of the offense, and addi-
tional penalties were recommended to deter the conduct of aggressive,
drivers. (3) As a result, the Grand Jury issued recommendations to
strengthen offenses applicable to vehicular collisions, including model
legislation drafted by the Manhattan's District Attorney to curb the
incidents examined by the Grand Jury. (4) This bill reflects the recom-
mendations of the Grand Jury, with support from the Manhattan District
Attorney, to create new offenses that will give prosecutors the tools
they need to properly prosecute vehicular violence, while protecting
bicyclists and pedestrians across the state .
 
LEGISLATIVE HISTORY:
S9495 of 2023-24: Referred to Transportation Committee
2021-22: S.3534 Referred to Transportation
2019-2020: S.7298 - Died in Transportation
 
FISCAL IMPLICATIONS FOR STATE GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become law.
(1)Report of the Grand Jury of the Supreme Court State of New York First
Judicial District, released on October 29, 2019, available at:
https://www.manhattanda.org/wpcontent/uploads/2019/10/DangerousDriving-
a I-Report.pdf, page 1
(2)Id at 5.
(3)Id at 15.
(4)Id at 19