Bill S752-2013

Establishes the crime of aggravated reckless driving

Establishes the crime of aggravated reckless driving; defines aggravated reckless driving to mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof.

Details

Actions

  • Mar 13, 2013: referred to transportation
  • Mar 13, 2013: DELIVERED TO ASSEMBLY
  • Mar 13, 2013: PASSED SENATE
  • Mar 7, 2013: ADVANCED TO THIRD READING
  • Mar 6, 2013: 2ND REPORT CAL.
  • Mar 5, 2013: 1ST REPORT CAL.158
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - Mar 5, 2013
Ayes (18): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Smith, Young, Zeldin, Dilan, Kennedy, Perkins, Squadron, Stavisky, Gipson
Excused (1): Diaz

Memo

BILL NUMBER:S752

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to reckless driving and establishes the crime of aggravated reckless driving

PURPOSE:

The purpose of this bill is make stiffer the penalties for reckless drivers.

SUMMARY OF PROVISIONS:

Section 1 amends Section 1212 of the Vehicle and Traffic Law (reckless driving), raising the classification of reckless driving from an unclassified misdemeanor to a class A misdemeanor.

Section 2 creates a new section of the Vehicle and Traffic Law, Section 1212-a, aggravated reckless driving.

EXISTING LAW:

Presently, reckless driving is an unclassified misdemeanor.

JUSTIFICATION:

This bill recognizes that certain actions taken by motor vehicle operators rise above the level of simple recklessness. By increasing the penalty for certain egregious acts of reckless driving, this bill hopes to deter such acts; however, for individuals who choose to continue to engage in such reckless behavior, this bill provides a more appropriate penalty.

The bill creates a new section in the Vehicle and Traffic Law entitled aggravated reckless driving. A driver engaging in any of the following acts would be guilty of aggravated reckless driving: operating in a manner that creates a grave risk of death; knowingly or through intoxication driving against the flow of traffic; driving 30 or more miles per hour above the posted limit while intoxicated or impaired; driving 30 or more miles per hour above the posted limit while racing another vehicle, or; driving 30 or more miles per hour above the posted limit and weaving in and out of traffic. Aggravated reckless driving would be a class E felony.

While addressing a number of issues concerning reckless driving, of particular importance is the subsection dealing with wrong-way driving. In the past three months alone on Long Island, there have been at least 18 incidents of wrong-way driving, most involving the use of alcohol and/or drugs. This bill addresses this issue specifically, providing a further tool for prosecutors in charging drivers that knowingly or through intoxication proceed the wrong-way on a roadway and cause significant risk of death or injury to other motorists.

LEGISLATIVE HISTORY:

2011-2012: Passed the Senate (S.3452)

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: First of November next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 752 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. FUSCHILLO, LARKIN, MARTINS, MAZIARZ, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to reckless driving and establishes the crime of aggravated reckless driving THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1212 of the vehicle and traffic law, as added by chapter 47 of the laws of 1988, is amended to read as follows: S 1212. Reckless driving. Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public high- way. Reckless driving is prohibited. Every person violating this provision shall be guilty of a CLASS A misdemeanor PUNISHABLE PURSUANT TO ARTICLES SIXTY-FIVE AND SEVENTY OF THE PENAL LAW. S 2. The vehicle and traffic law is amended by adding a new section 1212-a to read as follows: S 1212-A. AGGRAVATED RECKLESS DRIVING. AGGRAVATED RECKLESS DRIVING SHALL MEAN DRIVING OR USING ANY MOTOR VEHICLE, MOTORCYCLE OR ANY OTHER VEHICLE PROPELLED BY ANY POWER OTHER THAN MUSCULAR POWER OR ANY APPLI- ANCE OR ACCESSORY THEREOF: (1) IN A MANNER WHICH CREATES A GRAVE RISK OF DEATH TO USERS OF THE PUBLIC HIGHWAY, OR KNOWING OR HAVING REASON TO KNOW THE OPERATOR IS DRIVING AGAINST THE FLOW OF TRAFFIC AND THE WRONG WAY, THE OPERATOR CONTINUES TO DO SO. FAILURE TO PERCEIVE SAID WRONG WAY TRAVEL DUE TO IMPAIRMENT OR INTOXICATION IS ALSO A VIOLATION OF THIS SECTION, OR (2) AT SPEEDS OF THIRTY MILES PER HOUR OR MORE ABOVE THE POSTED SPEED LIMIT AND IN AN IMPAIRED OR INTOXICATED CONDITION PURSUANT TO SUBDIVI-
SIONS TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINE- TY-TWO OF THIS TITLE, OR (3) AT SPEEDS OF THIRTY MILES PER HOUR OR MORE ABOVE THE POSTED SPEED LIMIT WHILE RACING OR PURSUING ONE OR MORE OTHER VEHICLES, OR (4) AT SPEEDS OF THIRTY MILES PER HOUR OR MORE ABOVE THE POSTED SPEED LIMIT, THE DRIVER PASSES THREE OR MORE TIMES BETWEEN THE TRAVEL LANES AND OTHER VEHICLES ON THE ROADWAY IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED TWENTY-EIGHT OF THIS TITLE. A PERSON VIOLATING ANY OF THE PROVISIONS OF THIS CHAPTER SHALL BE GUILTY OF A CLASS E FELONY PUNISHABLE PURSUANT TO ARTICLES SIXTY-FIVE AND SEVENTY OF THE PENAL LAW. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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