New York S 1041: Relates 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

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S01041 Summary:

BILL NOS01041 

&nbsp

SAME ASSAME AS A05699

&nbsp

SPONSORPALUMBO

&nbsp

COSPNSRBORRELLO, MURRAY, RHOADS, ROLISON

&nbsp

MLTSPNSR

&nbsp

Amd §§70.02, 70.06 & 70.25, Pen L; amd §§1194, 1193, 600 & 114-a, V & T L; amd §§160.10 & 30.30, CP L

&nbsp

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.

Go to top S01041 Actions:

BILL NOS01041 

&nbsp

01/08/2025REFERRED TO CODES

03/11/2025NOTICE OF COMMITTEE CONSIDERATION - REQUESTED

05/05/2025DEFEATED IN CODES

01/07/2026REFERRED TO CODES

Go to topS01041 Committee&nbspVotes:

Go to topS01041 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01041 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1041

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. PALUMBO, BORRELLO -- read twice and ordered printed,
 and when printed to be committed 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

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02128-01-5

 S. 1041 2

 1 defined in section 120.10, kidnapping in the second degree as defined in
 2 section 135.20, burglary in the first degree as defined in section
 3 140.30, arson in the second degree as defined in section 150.15, robbery
 4 in the first degree as defined in section 160.15, sex trafficking as
 5 defined in paragraphs (a) and (b) of subdivision five of section 230.34,
 6 sex trafficking of a child as defined in section 230.34-a, incest in the
 7 first degree as defined in section 255.27, criminal possession of a
 8 weapon in the first degree as defined in section 265.04, criminal use of
 9 a firearm in the first degree as defined in section 265.09, criminal
 10 sale of a firearm in the first degree as defined in section 265.13,
 11 aggravated assault upon a police officer or a peace officer as defined
 12 in section 120.11, gang assault in the first degree as defined in
 13 section 120.07, intimidating a victim or witness in the first degree as
 14 defined in section 215.17, hindering prosecution of terrorism in the
 15 first degree as defined in section 490.35, criminal possession of a
 16 chemical