§ 125.14 Aggravated vehicular homicide.
  A person is guilty of aggravated vehicular homicide  when  he  or  she
engages  in reckless driving as defined by section twelve hundred twelve
of the vehicle and traffic law,  and  commits  the  crime  of  vehicular
manslaughter  in  the second degree as defined in section 125.12 of this
article, and either:
  (1) commits such crimes 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 elev-
en hundred ninety-four of the vehicle and traffic law;
  (2)  commits  such crimes 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 this 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) causes the death of one person and the serious physical injury  of
at least one other person.
  (6)  has  previously been convicted of violating any provision of this
article or article one hundred twenty of this title involving the opera-
tion of a motor vehicle, or was convicted in any other state  or  juris-
diction  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

  (7)  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.
  Aggravated vehicular homicide is a class B felony.
(Added L.2007 c.345 effective 11/01/07.)