New York Assembly Bill A05876

New York 2025-2026 Regular Session

• Introduced: 2/24/25
• Refer: 2/24/25
• Refer: 1/7/26

Caption

Enacts "Barreto's law" which establishes the crime of vehicular manslaughter in the third degree.

Summary

A05876, titled “Barreto’s law,” would create a new offense in the Penal Law called vehicular manslaughter in the third degree. A person would be guilty if they cause another person’s death while either driving recklessly, as defined in the Vehicle and Traffic Law, or while committing aggravated unlicensed operation of a motor vehicle in the third degree. The new offense would be classified as a class E felony and would take effect immediately if enacted. The bill is aimed at filling a gap in New York’s criminal law by creating a lower-level vehicular manslaughter charge tied to reckless driving or driving while unlawfully licensed. It would add a new Penal Law section, 125.11-a, and would directly affect prosecutors, courts, and defendants in fatal crash cases where the underlying conduct involves these traffic offenses. It also reinforces the connection between traffic-law violations and homicide-related felony liability.

Impact

If enacted, the bill would amend the Penal Law to add a new felony offense and expand the range of criminal charges available in fatal motor vehicle cases. It would also incorporate Vehicle and Traffic Law offenses by reference, making reckless driving and aggravated unlicensed operation predicates for the new crime when a death results. The practical effect would be to give law enforcement and prosecutors another charging option and to increase potential criminal exposure for drivers whose conduct causes a death under the specified circumstances.

Sentiment

The available legislative record suggests the bill has received meaningful support but not unanimous agreement. In the Assembly Codes Committee, it was reported as “Held for Consideration” after a 16-6 vote, indicating that a majority of committee members were favorable while a substantial minority opposed or withheld support. No transcript is available, so the broader discussion is not documented here, but the vote pattern suggests the proposal is serious and has some momentum while still drawing caution or disagreement.

Contention

The main points of contention likely concern whether creating a new third-degree vehicular manslaughter felony is necessary, how broadly it may apply, and whether the bill appropriately distinguishes between reckless conduct and other traffic offenses. Opponents may worry about over-criminalization, charging discretion, or overlap with existing vehicular homicide and manslaughter statutes, while supporters likely view the measure as a needed accountability tool for fatal crashes involving reckless or unlicensed driving. The 16-6 committee vote indicates these concerns were significant enough to prevent unanimous approval.