Jocelyn’s Law passes State Senate

ALBANY, N.Y. (WIVB) – A bill that would increase vehicular manslaughter to vehicular homicide for anyone convicted of driving under the influence three previous times has passed the State Senate.

Senator Patrick Gallivan announced Jocelyn’s Law was passed on Tuesday. The bill is named for Jocelyn Elberson, who along with Sheila Pelton, was killed when a man operating a motorcycle while under the influence struck them as they walked along an Amherst bike path in November 2012.

The motorcyclist, David Smith of Niagara Falls, had four previous DWI arrest in New York, Florida and Ohio. He was sentenced in March 2013 to four to 12 years in prison.

Under current law, any driver with one previous conviction of driving under the influence can be charged with vehicular manslaughter. But there are no additional enhancements for those who are repeatedly caught driving under the influence.

Jocelyn’s Law now moves to the State Assembly.

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