Bill 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

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

Details

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

Meetings

Calendars

Votes

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2938--A Cal. No. 133 2011-2012 Regular Sessions IN 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.

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