S2938A-2011 - NY Senate Open Legislation - Enacts Michelle and Jordan's law relating to the penalties for a second conviction of participating in an unlawful speed contest or race

Enacts Michelle and Jordan's law relating to the penalties for a second conviction of participating in an unlawful speed contest or race.

Sponsor: LANZA / Co-sponsor(s): AVELLA, CARLUCCI, SAVINO / Committee: TRANSPORTATION
Law Section: Vehicle and Traffic Law / Law: Amd S1182, V & T L

S2938A-2011 Actions

Jan 19, 2012: referred to transportation
Jan 19, 2012: DELIVERED TO ASSEMBLY
Jan 19, 2012: PASSED SENATE
Jan 18, 2012: ADVANCED TO THIRD READING
Jan 10, 2012: 2ND REPORT CAL.
Jan 9, 2012: 1ST REPORT CAL.24
Jan 4, 2012: REFERRED TO TRANSPORTATION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
May 9, 2011: referred to transportation
May 9, 2011: DELIVERED TO ASSEMBLY
May 9, 2011: PASSED SENATE
Apr 11, 2011: AMENDED ON THIRD READING (T) 2938A
Mar 3, 2011: ADVANCED TO THIRD READING
Mar 2, 2011: 2ND REPORT CAL.
Mar 1, 2011: 1ST REPORT CAL.133
Feb 3, 2011: REFERRED TO TRANSPORTATION

S2938A-2011 Meetings

Transportation: Jan 9, 2012

S2938A-2011 Calendars

Active List: Jan 19, 2012 , Active List: May 9, 2011 , Floor Calendar: Jan 10, 2012 , Floor Calendar: Jan 18, 2012 , Floor Calendar: Jan 19, 2012 , Floor Calendar: Apr 12, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011

S2938A-2011 Votes

VOTE: COMMITTEE VOTE: - Transportation - Mar 1, 2011

Ayes (17): Fuschillo, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Smith, Squadron, Stavisky, Valesky
Ayes W/R (1): Adams
Excused (1): Johnson

VOTE: FLOOR VOTE: - May 9, 2011

Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Perkins

VOTE: COMMITTEE VOTE: - Transportation - Jan 9, 2012

Ayes (19): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Adams, Diaz, Kennedy, Perkins, Smith, Squadron, Stavisky, Valesky

VOTE: FLOOR VOTE: - Jan 19, 2012

Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (2): Espaillat, Larkin

S2938A-2011 Memo

BILL NUMBER:S2938A

TITLE OF BILL:
An act
to enact "Michelle and Jordan's law"; and
to amend the vehicle and traffic law, in relation to speed contests and
races

PURPOSE:
Establishes Michelle and Jordan's law and relates to the penalties for
participating in an unlawful speed contest or race.

SUMMARY OF PROVISIONS:
Section 1. Short title. This act shall be known and may be cited as
"Michelle and Jordan's Law."

Section 2. Section 1182 of the vehicle and traffic law as amended by
chapter 594 of the laws of 1987, subdivisions 1 and 2 as amended by
section 9 of part C of chapter 62 of the laws of 2003, is amended to
include speed contests and laces. Violations of any of the provisions
of this section shall constitute a class A misdemeanor and be
punishable by imprisonment of not more than thirty days or a fine of
not less than three hundred dollars nor more than five hundred
twenty-five dollars, or both such fine and imprisonment. Subsection 2
provides that a second conviction within twelve months of a violation
of this section shall constitute a class E felony and shall be
punishable by imprisonment of up to one year and one day or a fine of
not less than five hundred twenty-five dollars nor more than seven
hundred fifty dollars, or both such fine and imprisonment.

Section 3. This act shall take effect on the one hundred eightieth day
after it shall have become a law, provided that the commissioner of
motor vehicles is immediately authorized and directed to promulgate,
amend and/or repeal any rules and regulations necessary to implement
the provisions of this act on its effective date.

JUSTIFICATION:
A tragic incident on Staten Island occurred that left a seventeen year
old girl dead and her boyfriend critically injured, due to a high
speed race contest. The crash occurred when a group of four friends
driving a Honda Accord got involved in a race with three other
friends, traveling in a Ford Mustang. As the Honda reached speeds as
high as 95
mph, the driver lost control and slammed into the Mustang. The car
smashed into the metal post, slicing the car into, sending both
passengers in the back seat, who were not wearing their seatbelts,
flying into the woods. The girl was killed and the boy was left
critically injured. Studies have concluded that speeding increases
the likelihood and severity of a crash. The faster a vehicle is
moving, the less time the driver has to react to a hazard, and for
other road users to react to that vehicle. A speeding vehicle
requires more time and distance to stop, and is harder to control.
Creating legislation that mandates harsher punishments for speed
racing is crucial to reduce the number of traffic fatalities in New
York State, as well as in the United States.


LEGISLATIVE HISTORY:
2010: S.3007 - Reported to Codes/A.8438 - Referred to Transportation
2009: S.3007 - Reported to Codes/A.8438 - Referred to Transportation
2008: S.8020 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law, provided that the commissioner of motor
vehicles is immediately authorized and directed to promulgate, amend
and/or repeal any rules and regulations necessary to implement the
provisions of this act on its effective date.

S2938A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2938--A
 Cal. No. 133
 2011-2012 Regular Sessions
 I N  SENATE
 February 3, 2011
 
 Introduced by Sens. LANZA, AVELLA -- read twice and ordered printed, and
 when  printed  to  be  committed to the Committee on Transportation -
 reported favorably from said committee, ordered to  first  and  second
 report,  ordered  to  a  third reading, amended and ordered reprinted,
 retaining its place in the order of third reading
 

AN ACT to enact "Michelle and Jordan's law"; and to  amend  the  vehicle
 and traffic law, in relation to speed contests and races
 

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

 

Section 1. Short title. This act shall be known and may  be  cited  as
 "Michelle and Jordan's law".
 

S  2. Subdivision 2 of section 1182 of the vehicle and traffic law, as
 amended by section 9 of part C of chapter 62 of the  laws  of  2003,  is
 amended to read as follows:

 2.  A  second  conviction  within twelve months of a violation of this
 section SHALL CONSTITUTE A CLASS E FELONY AND  shall  be  punishable  by
 imprisonment of [not more than six months] UP TO ONE YEAR AND ONE DAY or
 a  fine  of not less than five hundred twenty-five dollars nor more than
 seven hundred fifty dollars, or both such fine and imprisonment.
 

S 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately  the  commissioner  of
 motor  vehicles  may add, amend, or repeal any rule or regulation neces
 sary for the timely implementation of this act on its effective date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04496-02-1

S2938A-2011: Enacts Michelle and Jordan's law relating to the penalties for a second conviction of participating in an unlawful speed contest or race