A 5699: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 5699 2025-2026 Regular Sessions  IN ASSEMBLY February 20, 2025 ___________ Introduced by M. of A. GIGLIO -- read once and referred 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 22 defined in section 120.10, kidnapping in the second degree as defined in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02128-01-5 
 A. 5699 2 1 section 135.20, burglary in the first degree as defined in section 2 140.30, arson in the second degree as defined in section 150.15, robbery 3 in the first degree as defined in section 160.15, sex trafficking as 4 defined in paragraphs (a) and (b) of subdivision five of section 230.34, 5 sex trafficking of a child as defined in section 230.34-a, incest in the 6 first degree as defined in section 255.27, criminal possession of a 7 weapon in the first degree as defined in section 265.04, criminal use of 8 a firearm in the first degree as defined in section 265.09, criminal 9 sale of a firearm in the first degree as defined in section 265.13, 10 aggravated assault upon a police officer or a peace officer as defined 11 in section 120.11, gang assault in the first degree as defined in 12 section 120.07, intimidating a victim or witness in the first degree as 13 defined in section 215.17, hindering prosecution of terrorism in the 14 first degree as defined in section 490.35, criminal possession of a 15 chemical weapon or biological weapon in the second degree as defined in 16 section 490.40, and criminal use of a chemical weapon or biological 17 weapon in the third degree as defined in section 490.47. 18 (b) Class C violent felony offenses: an attempt to commit any of the 19 class B felonies set forth in paragraph (a) of this subdivision; aggra- 20 vated criminally negligent homicide as defined in section 125.11, vehic- 21 ular manslaughter in the first degree as defined in section 125.13, 22 aggravated manslaughter in the second degree as defined in section 23 125.21, aggravated sexual abuse in the second degree as defined in 24 section 130.67, aggravated vehicular assault as defined in section 25 120.04-a, assault on a peace officer, police officer, firefighter or 26 emergency medical services professional as defined in section 120.08, 27 assault on a judge as defined in section 120.09, gang assault in the 28 second degree as defined in section 120.06, strangulation in the first 29 degree as defined in section 121.13, aggravated strangulation as defined 30 in section 121.13-a, burglary in the second degree as defined in section 31 140.25, robbery in the second degree as defined in section 160.10, crim- 32 inal possession of a weapon in the second degree as defined in section 33 265.03, criminal use of a firearm in the second degree as defined in 34 section 265.08, criminal sale of a firearm in the second degree as 35 defined in section 265.12, criminal sale of a firearm with the aid of a 36 minor as defined in section 265.14, aggravated criminal possession of a 37 weapon as defined in section 265.19, soliciting or providing support for 38 an act of terrorism in the first degree as defined in section 490.15, 39 hindering prosecution of terrorism in the second degree as defined in 40 section 490.30, and criminal possession of a chemical weapon or biolog- 41 ical weapon in the third degree as defined in section 490.37. 42 (c) Class D violent felony offenses: an attempt to commit any of the 43 class C felonies set forth in paragraph (b) of this subdivision; reck- 44 less assault of a child as defined in section 120.02, vehicular assault 45 in the first degree as defined in section 120.04, assault in the second 46 degree as defined in section 120.05, menacing a police officer or peace 47 officer as defined in section 120.18, stalking in the first degree[,] as 48 defined in subdivision one of section 120.60, strangulation in the 49 second degree as defined in section 121.12, vehicular manslaughter in 50 the second degree as defined in section 125.12, rape in the second 51 degree as defined in section 130.30, a crime formerly defined in section 52 130.45, sexual abuse in the first degree as defined in section 130.65, 53 course of sexual conduct against a child in the second degree as defined 54 in section 130.80, aggravated sexual abuse in the third degree as 55 defined in section 130.66, facilitating a sex offense with a controlled 56 substance as defined in section 130.90, labor trafficking as defined in 
 A. 5699 3 1 paragraphs (a) and (b) of subdivision three of section 135.35, criminal 2 possession of a weapon in the third degree as defined in subdivision 3 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 4 a firearm in the third degree as defined in section 265.11, intimidating 5 a victim or witness in the second degree as defined in section 215.16, 6 soliciting or providing support for an act of terrorism in the second 7 degree as defined in section 490.10, and making a terroristic threat as 8 defined in section 490.20, falsely reporting an incident in the first 9 degree as defined in section 240.60, placing a false bomb or hazardous 10 substance in the first degree as defined in section 240.62, placing a 11 false bomb or hazardous substance in a sports stadium or arena, mass 12 transportation facility or enclosed shopping mall as defined in section 13 240.63, aggravated unpermitted use of indoor pyrotechnics in the first 14 degree as defined in section 405.18, and criminal manufacture, sale, or 15 transport of an undetectable firearm, rifle or shotgun as defined in 16 section 265.50. 17 (d) Class E violent felony offenses: an attempt to commit any of the 18 felonies of criminal possession of a weapon in the third degree as 19 defined in subdivision five, six, seven or eight of section 265.02 as a 20 lesser included offense of that section as defined in section 220.20 of 21 the criminal procedure law, vehicular assault in the second degree as 22 defined in section 120.03, persistent sexual abuse as defined in section 23 130.53, aggravated sexual abuse in the fourth degree as defined in 24 section 130.65-a, falsely reporting an incident in the second degree as 25 defined in section 240.55 and placing a false bomb or hazardous 26 substance in the second degree as defined in section 240.61. 27 § 3. Subdivision 2 of section 70.25 of the penal law, as amended by 28 chapter 56 of the laws of 1984, is amended to read as follows: 29 2. (a) When more than one sentence of imprisonment is imposed on a 30 person for two or more offenses committed through a single act or omis- 31 sion, or through an act or omission which in itself constituted one of 32 the offenses and also was a material element of the other, the 33 sentences, except if one or more of such sentences is for a violation of 34 section 270.20 of this chapter, must run concurrently. 35 (b) Notwithstanding paragraph (a) of this subdivision, the court may 36 impose consecutive sentences where: (i) more than one sentence of impri- 37 sonment is imposed on a person for two or more counts of section 120.03, 38 120.04, 120.04-a, subdivisions three and four of section 120.05, 120.10, 39 120.11, 125.10, 125.11, 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 40 125.22, 125.25; and (ii) such multiple counts were charged based upon 41 multiple victims suffering physical injury, serious physical injury or 42 death as a result of a single act or omission of the defendant. 43 § 4. Paragraph (a) of subdivision 2 of section 1194 of the vehicle and 44 traffic law, as amended by chapter 196 of the laws of 1996, is amended 45 to read as follows: 46 (a) When authorized. Any person who operates a motor vehicle in this 47 state shall be deemed to have given consent to a chemical test of one or 48 more of the following: breath, blood, urine, or saliva, for the purpose 49 of determining the alcoholic and/or drug content of the blood provided 50 that such test is administered by or at the direction of a police offi- 51 cer with respect to a chemical test of breath, urine or saliva or, with 52 respect to a chemical test of blood, at the direction of a police offi- 53 cer: 54 (1) having reasonable grounds to believe such person to have been 55 operating in violation of any subdivision of section eleven hundred 56 ninety-two of this article and within two hours after such person has 
 A. 5699 4 1 been placed under arrest for any such violation; or having reasonable 2 grounds to believe such person to have been operating in violation of 3 section eleven hundred ninety-two-a of this article and within two hours 4 after the stop of such person for any such violation[,]; 5 (2) [within two hours after a breath test, as provided in paragraph 6 (b) of subdivision one of this section, indicates that alcohol has been 7 consumed by such person and in accordance with the rules and regulations 8 established by the police force of which the officer is a member; 9 (3)] for the purposes of this paragraph, "reasonable grounds" to 10 believe that a person has been operating a motor vehicle after having 11 consumed alcohol in violation of section eleven hundred ninety-two-a of 12 this article shall be determined by viewing the totality of circum- 13 stances surrounding the incident which, when taken together, indicate 14 that the operator was driving in violation of such subdivision. Such 15 circumstances may include any visible or behavioral indication of alco- 16 hol consumption by the operator, the existence of an open container 17 containing or having contained an alcoholic beverage in or around the 18 vehicle driven by the operator, or any other evidence surrounding the 19 circumstances of the incident which indicates that the operator has been 20 operating a motor vehicle after having consumed alcohol at the time of 21 the incident; or 22 [(4)] (3) notwithstanding any other provision of law to the contrary, 23 no person under the age of twenty-one shall be arrested for an alleged 24 violation of section eleven hundred ninety-two-a of this article. 25 However, a person under the age of twenty-one for whom a chemical test 26 is authorized pursuant to this paragraph may be temporarily detained by 27 the police solely for the purpose of requesting or administering such 28 chemical test whenever arrest without a warrant for a petty offense 29 would be authorized in accordance with the provisions of section 140.10 30 of the criminal procedure law or paragraph (a) of subdivision one of 31 this section. 32 § 5. Paragraph (b) of subdivision 3 of section 1194 of the vehicle and 33 traffic law, as added by chapter 47 of the laws of 1988, is amended to 34 read as follows: 35 (b) When authorized. Upon refusal by any person to submit to a chemi- 36 cal test or any portion thereof as described above, the test shall not 37 be given unless a police officer or a district attorney, as defined in 38 subdivision thirty-two of section 1.20 of the criminal procedure law, 39 requests and obtains a court order to compel a person to submit to a 40 chemical test to determine the alcoholic or drug content of the person's 41 blood upon a finding of reasonable cause to believe that: 42 (1) such person was the operator of a motor vehicle and in the course 43 of such operation a person other than the operator was killed or 44 suffered serious physical injury as defined in section 10.00 of the 45 penal law; and 46 (2) a. either such person operated the vehicle in violation of any 47 subdivision of section eleven hundred ninety-two of this article, or 48 b. a breath test administered by a police officer in accordance with 49 paragraph (b) of subdivision one of this section indicates that alcohol 50 has been consumed by such person; and 51 (3) [such person has been placed under lawful arrest; and 52 (4)] such person has refused to submit to a chemical test or field 53 test or any portion thereof, requested in accordance with the provisions 54 of paragraph (a) of subdivision two of this section or is unable to give 55 consent to such a test. 
 A. 5699 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- 
 A. 5699 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.