§ 120.03 Vehicular assault in the second degree.
  A person is guilty of vehicular assault in the second degree  when  he
or she causes serious physical injury to another person, and either:
  (1)  operates a  motor vehicle in violation of subdivision two, three,
four  or  four-a  of  section  eleven  hundred ninety-two of the vehicle
and traffic law or operates a vessel or public vessel  in  violation  of
paragraph   (b),   (c),  (d)  or  (e)  of  subdivision  two  of  section
forty-nine-a of the navigation law, and as a result of such intoxication
or impairment by the use of a drug, or  by  the  combined  influence  of
drugs  or of alcohol and any drug or drugs, operates such motor vehicle,
vessel or public vessel in a manner that causes  such  serious  physical
injury to such other person, or
  (2)  operates  a  motor  vehicle with a gross vehicle weight rating of
more than eighteen thousand pounds which contains flammable gas,  radio-
active  materials  or  explosives  in  violation  of  subdivision one of
section eleven hundred ninety-two of the vehicle and  traffic  law,  and
such  flammable gas, radioactive materials or explosives is the cause of
such   serious   physical   injury,   and   as   a   result   of    such
impairment   by  the   use  of  alcohol,  operates  such  motor  vehicle
in a manner that causes such  serious  physical  injury  to  such  other
person, or
  (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision  one  of section 25.24 of the parks, recreation and historic
preservation law or operates an all terrain vehicle as defined in  para-
graph (a) of subdivision one of section twenty-two hundred eighty-one of
the  vehicle and traffic law and in violation of subdivision two, three,
four,  or  four-a  of  section  eleven hundred ninety-two of the vehicle
and traffic law, and as a result of such intoxication or  impairment  by
the  use  of a drug, or by the combined influence of drugs or of alcohol
and  any  drug or drugs, operates such snowmobile or all terrain vehicle
in a manner that causes such  serious  physical  injury  to  such  other
person.
   If  it  is  established  that the person operating such motor vehicle,
vessel, public vessel, snowmobile or all  terrain  vehicle  caused  such
serious  physical injury while unlawfully intoxicated or impaired by the
use of alcohol or a drug, then there shall be a  rebuttable  presumption
that, as a result of such intoxication or impairment by the use of alco-
hol  or  a drug, or by the combined influence of drugs or of alcohol and
any drug or drugs, such  person  operated  the  motor  vehicle,  vessel,
public vessel, snowmobile or all terrain vehicle in a manner that caused
such serious physical injury, as required by this section.
  Vehicular assault in the second degree is a class E felony.

As amended L.2006 c.732 effective 11/1/06