Senator Kemp Hannon announced the New York State Senate recently gave final legislative passage to "VaSean's Law," a bill that would increase penalties for drivers who kill or seriously injure other people while driving under the influence of drugs or alcohol. The Assembly, earlier this week, passed the legislation (S.1872B).

"When a person chooses to drink and then get behind the wheel of a car, they are making a dangerous decision that often has tragic consequences," Senator Hannon said. "This legislation will fix our current law to give prosecutors the tools they need to ensure that these reckless drivers are properly punished for their heinous crimes. For many years, the Senate has passed tough DWI legislation similar to this bill and I'm pleased that we can finally get it enacted into law."

VaSean's Law was named after 11-year-old VaSean Phillip Alleyne, who was killed last year by a drunk driver who could not be charged with a felony under current law. VaSean's Law would strengthen current law to make it easier for district attorneys to prosecute drivers for vehicular assault and vehicular manslaughter when they cause death or serious injury as a result of driving under the influence of drugs or alcohol.

Under current law the so-called "rule of two" requires a drunk driver who kills to also be charged with a second infraction in order to be charged with vehicular manslaughter. This loophole often results in drunk drivers escaping with little punishment. This new measure would address the "rule of two" by eliminating the requirement for prosecutors to prove criminal negligence, making it easier for them to charge a deadly drunk driver with vehicular manslaughter, resulting in stronger criminal penalties.

The bill was sent to the governor.