By Dan Israeli
Co-authored by Assemblyman Harvey Weisenberg (D-Long Beach) and State Sen. Charles Fuschillo (R-Freeport), the law, which generated out of the Nassau County District Attorney's Office, creates the new crime of aggravated vehicular homicide.
The newly enacted infraction will be defined as a Class B penalty when the law takes effect Nov. 1, carrying a penalty of up to 25 years in prison. The legislation also creates the crime of aggravated vehicular assault, a Class C felony carrying a penalty of up to 15 years.
For the legislators and prosecutors who lobbied for the bill, the law will establish a middle ground in drunk driving cases, between vehicular manslaughter and homicide. Up to now, drunk driving cases involving fatalities were commonly tried as Class C felonies, with a maximum sentence of 5 to 15 years.
The origin of the bill is considered to be a "Long Beach story," according to Weisenberg, after the tragic death of 7-year-old Katie Flynn of Lido Beach on July 2, 2005. Flynn and Stanley Rabinowitz, 59, of Farmingdale, were killed when Martin Heidgen, a drunk driver traveling the wrong way on the Meadowbrook Parkway, struck the limoscene they were driving in.
"Our whole city has mourned the loss of this child," Weisenberg said. "It's why the bill is so important. These accidents affect whole communities, and we need to have the severest penalties, in the hope that we can deter people from drinking and driving."
Fuschillo, who worked closely with the Nassau D.A.'s office in drafting the bill, said he hopes the law will act as a deterrent. "I hope it sends an extremely loud and important message to those who even think twice about drinking and driving," he said.
It was in April of this year when District Attorney Kathleen Rice created a bill that would help prosecutors secure stronger convictions in drunk driving cases. With the help of her office, including Assistant District Attorney Maureen McCormick, head of the Vehicular Crimes Bureau, Rice drafted the original version of the recently signed law.
For Rice and other prosecutors who sought higher penalties, the new law is a significant change to the state's legal system. "It's going to give D.A.'s like me the tools to consistently and effectively prosecute this epidemic," she said. "It will also bring awareness, as deterrence is always our number one goal."
The deterrent factor in enacting the new law will be based largely on the awareness that is spread about it, something Rice has already begun. Since the spring of this past school year, McCormick has been touring high schools across the county as part of the office's Choice and Consequence Program to educate teens on the perils of drinking and driving.
The program includes videos and pictures depicting the reality of drunk driving accidents, as well as activities to better inform kids about the consequences. In addition, there are also speakers who recount personal experiences, whether it be a victim's family member or even a past defendant.
"The reception was incredibly positive," said Rice, who plans on continuing the program and in more schools this fall. "You can literally hear a pin drop in the auditoriums. That's how moved these kids were."
In some examples of schools that adopted the program, the term "choice and consequence" was taken literally by the student body and their parents. One school required parents to attend the program in order for their children to drive to campus, while another required parent participation or else their children wouldn't be admitted to prom.
"It's really a situation where parents need to go too," Rice said of the program. "We're not just about educating the kids, but also bringing awareness to the adult population."
As for spreading the word on the new law, Rice noted that when the program kicks off again in the fall, McCormick will now be able to incorporate the law into the material.
