STATE OF NEW YORK ________________________________________________________________________ 5727 2023-2024 Regular Sessions IN SENATE March 15, 2023 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the vehicle and traffic law, in relation to increasing the class for certain vehicular crimes and enacting Kane's law The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Kane's Law". 3 § 2. The second undesignated paragraph of section 125.12 of the penal 4 law, as amended by chapter 732 of the laws of 2006, is amended to read 5 as follows: 6 Vehicular manslaughter in the second degree is a class [D] C felony. 7 § 3. The second undesignated paragraph of section 125.13 of the penal 8 law, as amended by chapter 496 of the laws of 2009, is amended to read 9 as follows: 10 Vehicular manslaughter in the first degree is a class [C] B felony. 11 § 4. The second undesignated paragraph of section 125.14 of the penal 12 law, as amended by chapter 496 of the laws of 2009, is amended to read 13 as follows: 14 Aggravated vehicular homicide is a class [B] A-2 felony. 15 § 5. Paragraph (b) of subdivision 3 of section 511 of the vehicle and 16 traffic law, as separately amended by chapters 786 and 892 of the laws 17 of 1990, is amended to read as follows: 18 (b) Aggravated unlicensed operation of a motor vehicle in the first 19 degree is a class [E] D felony. When a person is convicted of this 20 crime, the sentence of the court must be: (i) a fine in an amount not 21 less than five hundred dollars nor more than five thousand dollars; and 22 (ii) a term of imprisonment as provided in the penal law, or (iii) where 23 appropriate and a term of imprisonment is not required by the penal law, 24 a sentence of probation as provided in subdivision six of this section, 25 or (iv) a term of imprisonment as a condition of a sentence of probation 26 as provided in the penal law. 27 § 6. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04940-01-3