Section 125.13 Vehicular manslaughter in the first degree.

  A person is guilty of vehicular manslaughter in the first degree when he 
or she commits the crime of vehicular manslaughter in the second degree as 
defined in section 125.12 of this article, and either:
  (1) commits such crime while operating a motor vehicle while such person 
has  .18 of one per centum  or  more by weight of alcohol in such person's 
blood  as shown by chemical analysis of such person's blood, breath, urine 
or  saliva  made  pursuant  to  the  provisions  of section eleven hundred 
ninety-four of the vehicle and traffic law;
  (2) commits such crime while knowing or having reason to know that:  (a) 
his or her license or his or her privilege of operating a motor vehicle in 
another  state or his or her privilege of obtaining a license to operate a 
motor vehicle in another state is suspended or revoked and such suspension 
or  revocation  is  based  upon  a  conviction  in such other state for an 
offense which would, if committed in this state, constitute a violation of 
any  of the provisions of section eleven hundred ninety-two of the vehicle 
and  traffic  law;  or  (b)  his or her license or his or her privilege of 
operating  a  motor  vehicle  in  the  state  or  his  or her privilege of 
obtaining  a  license  issued  by  the  commissioner  of motor vehicles is 
suspended  or  revoked  and  such  suspension  or revocation is based upon 
either  a  refusal to submit to a chemical test pursuant to section eleven 
hundred  ninety-four  of  the  vehicle  and  traffic  law  or  following a 
conviction  for  a  violation  of  any of the provisions of section eleven 
hundred ninety-two of the vehicle and traffic law;
  (3) has  previously been convicted of violating any of the provisions of 
section  eleven  hundred  ninety-two of the vehicle and traffic law within 
the  preceding  ten  years,  provided  that,  for  the  purposes  of  this 
subdivision,  a  conviction  in  any  other  state  or jurisdiction for an 
offense which, if committed in this state, would constitute a violation of 
section eleven hundred ninety-two of the vehicle and traffic law, shall be 
treated as a violation of such law. 
  (4) causes the death of more than one other person.
  (5) has  previously  been  convicted  of violating any provision of this 
article  or  article  one  hundred  twenty  of  this  title  involving the 
operation  of  a  motor  vehicle,  or  was convicted in any other state or 
jurisdiction  of  an  offense  involving  the operation of a motor vehicle 
which,  if  committed  in this state, would constitute a violation of this 
article or article one hundred twenty of this title; or

  (6)  commits  such crime while operating a motor vehicle while a child
who is fifteen years of age or less is a passenger in such motor vehicle
and causes the death of such child.
(Added by L.2009 c.496 effective 12/18/09.)


  If it is established that the person operating such motor vehicle caused 
such  death  or deaths while unlawfully intoxicated or impaired by the use 
of  alcohol or a drug, or by the combined influence of drugs or of alcohol 
and  any drug or drugs, then there shall be a rebuttable presumption that, 
as a result of  such intoxication or impairment by the use of alcohol or a 
drug,  or by the combined influence of drugs or of alcohol and any drug or 
drugs, such person operated the motor vehicle in a manner that caused such 
death  or  deaths,  as required by this section and section 125.12 of this 
article.
  Vehicular manslaughter in the first degree is a class C felony.

(As amended L.2006 c.732 effective 11/15/06, and by L.2006 c.746 effective 
12/15/06.)