A3274-2011 Actions

• Jan 4, 2012: referred to transportation
• Jan 24, 2011: referred to transportation

A3274-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3274
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 24, 2011
 
 Introduced  by M. of A. SWEENEY, GALEF -- Multi-Sponsored by -- M. of A.
 COLTON, COOK, CYMBROWITZ, DESTITO, GUNTHER, HOOPER, MAGEE,  MAYERSOHN,
 MILLMAN,  ORTIZ, PHEFFER, REILLY, SCARBOROUGH, WEISENBERG -- read once
 and referred to the Committee on Transportation
 

AN ACT to amend the vehicle and traffic law, in relation  to  aggressive
 driving
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 1183 to read as follows:

 

S  1183. AGGRESSIVE DRIVING. 1. A PERSON COMMITS AGGRESSIVE DRIVING IF
 BOTH OF THE FOLLOWING OCCUR: (A) DURING A COURSE OF CONDUCT  THE  PERSON
 COMMITS  A  VIOLATION  OF EITHER SECTION ELEVEN HUNDRED EIGHTY OR ELEVEN
 HUNDRED EIGHTY-A OF THIS ARTICLE AND COMMITS AT LEAST TWO VIOLATIONS  OF
 ANY  OF THE PROVISIONS FOUND IN ARTICLES TWENTY-FOUR, TWENTY-FIVE, TWEN
 TY-SIX, TWENTY-EIGHT, TWENTY-NINE OR THIRTY-FOUR-A OF THIS CHAPTER; AND
 (B) THE PERSON'S DRIVING IS AN IMMEDIATE HAZARD TO ANOTHER  PERSON  OR
 VEHICLE.
 2.  FOR  THE PURPOSES OF THIS SECTION "COURSE OF CONDUCT" SHALL MEAN A
 SERIES OF ACTS COMMITTED DURING A SINGLE, CONTINUOUS PERIOD OF DRIVING.
 3. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL BE AN  INFRAC
 TION PUNISHABLE BY A FINE OF NOT LESS THAN FOUR HUNDRED DOLLARS NOR MORE
 THAN  EIGHT HUNDRED DOLLARS. THE COURT MAY REQUIRE A PERSON CONVICTED OF
 A VIOLATION OF SUBDIVISION ONE OF THIS SECTION TO ATTEND AND SUCCESSFUL
 LY COMPLETE A  DEPARTMENT-APPROVED  DEFENSIVE  DRIVING  COURSE  AND  MAY
 SUSPEND THE PERSON'S DRIVING PRIVILEGE FOR A PERIOD OF NINETY DAYS.
 4. A PERSON CONVICTED OF A VIOLATION OF THIS SECTION AFTER HAVING BEEN
 CONVICTED  OF  A  VIOLATION  OF THIS SECTION WITHIN THE PRIOR FIVE YEARS
 SHALL BE GUILTY OF A CLASS A MISDEMEANOR PUNISHABLE BY  A  FINE  OF  NOT
 MORE  THAN ONE THOUSAND DOLLARS, IMPRISONMENT OF NOT MORE THAN ONE YEAR,
 OR BOTH.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02882-01-1
 
       A. 3274                             2
 5. WHERE THE COURT IMPOSES A SENTENCE UNDER SUBDIVISION FOUR  OF  THIS
 SECTION,  THE  COURT  SHALL  REQUIRE A PERSON TO ATTEND AND SUCCESSFULLY
 COMPLETE  A  DEPARTMENT-APPROVED  DEFENSIVE  DRIVING  COURSE  AND  SHALL
 SUSPEND  THE  PERSON'S  DRIVING  PRIVILEGE  FOR  A PERIOD OF ONE HUNDRED
 EIGHTY DAYS.
 6.  A  PERSON  IS  GUILTY  OF  AGGRAVATED AGGRESSIVE DRIVING WHEN SUCH
 PERSON COMMITS THE OFFENSE OF AGGRESSIVE DRIVING  AS  PROVIDED  IN  THIS
 SECTION  AND  SUCH  OFFENSE RESULTS IN EITHER SERIOUS PHYSICAL INJURY OR
 DEATH TO ANOTHER PERSON OR PROPERTY  DAMAGE  EXCEEDING  FIFTEEN  HUNDRED
 DOLLARS. AGGRAVATED AGGRESSIVE DRIVING SHALL BE A MISDEMEANOR PUNISHABLE
 BY  A  FINE OF NOT LESS THAN EIGHT HUNDRED DOLLARS NOR MORE THAN FIFTEEN
 HUNDRED DOLLARS, OR A TERM OF IMPRISONMENT OF UP TO ONE  YEAR,  OR  BOTH
 SUCH FINE AND IMPRISONMENT.
 7.  WHERE  THE  COURT IMPOSES A SENTENCE UNDER SUBDIVISION SIX OF THIS
 SECTION, THE COURT SHALL SUSPEND THE PERSON'S DRIVING  PRIVILEGE  FOR  A
 PERIOD OF ONE YEAR.
 

S  2.  Public  outreach campaign. The department of motor vehicles, in
 consultation with the governor's traffic safety committee, shall  devel
 op,  implement  and  engage  in  a public outreach campaign using audio,
 visual, and printed media to  educate  the  public  on  the  deleterious
 effect  on  highway safety of behavior patterns which constitute aggres
 sive driving and aggravated aggressive driving. Such campaign  shall  be
 state-wide  and  shall  extend  to  all classifications and ages.   Such
 department shall, on or before February first  of  each  year,  issue  a
 report  to  the governor and legislature reviewing such outreach program
 and the beneficial results, if any, in lowering incidents of such behav
 ior.
 

S 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law, provided, the commissioner of motor vehicles
 shall promulgate necessary rules and regulations for the  implementation
 of  section  1183 of the vehicle and traffic law as added by section one
 of this act, prior to such effective date.

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