S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4594
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by  M. of A. LENTOL, MURRAY -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  determining
   when a person is guilty of aggravated reckless driving in the first or
   second degree
 
   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  two  new
 sections 1212-a and 1212-b to read as follows:
   §  1212-A. AGGRAVATED RECKLESS DRIVING IN THE SECOND DEGREE.  A PERSON
 IS GUILTY OF AGGRAVATED RECKLESS DRIVING IN THE SECOND DEGREE WHEN HE OR
 SHE CAUSES THE SERIOUS PHYSICAL INJURY OF ANOTHER PERSON BY OPERATION OF
 A MOTOR VEHICLE WHEN SUCH SERIOUS PHYSICAL INJURY  WAS  CAUSED  BY  SUCH
 PERSON:
   (A)  COMMITTING  A  MAJOR  TRAFFIC  VIOLATION; AND (I) SUCH PERSON HAS
 PREVIOUSLY BEEN CONVICTED OF TWO OR MORE MAJOR TRAFFIC VIOLATIONS ON  AT
 LEAST  TWO  SEPARATE  OCCASIONS  WITHIN  THE  IMMEDIATELY PRECEDING FIVE
 YEARS; OR
   (II) SUCH PERSON HAS ACQUIRED AT LEAST FIFTEEN POINTS ON  HIS  OR  HER
 DRIVING RECORD WITHIN THE IMMEDIATELY PRECEDING TEN YEARS.
   (B)  AT  THE TIME SUCH PERSON IS OPERATING SUCH MOTOR VEHICLE, (I) HIS
 OR HER LICENSE IS REVOKED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH A OF
 SUBDIVISION TWO OF SECTION FIVE HUNDRED TEN OF  THIS  CHAPTER  AND  SUCH
 PERSON  KNOWS  OR HAS REASON TO KNOW THAT HIS OR HER LICENSE HAS BEEN SO
 REVOKED; OR
   (II) HE OR SHE IS VIOLATING SECTION FIVE HUNDRED ELEVEN OF THIS  CHAP-
 TER AND THE SUSPENSION OR REVOCATION WAS ISSUED PURSUANT TO A CONVICTION
 FOR  AN OFFENSE BASED ON THE OPERATION OF A MOTOR VEHICLE OR PURSUANT TO
 SECTION ELEVEN HUNDRED NINETY-THREE OF THIS CHAPTER OR RELATING  TO  THE
 OPERATION  OF  A  MOTOR  VEHICLE DUE TO AN UNDERLYING OFFENSE THAT WOULD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03708-01-7
              

 A. 4594                             2
 
 RESULT IN POINTS ON THE DRIVER'S RECORD PURSUANT TO 15 NYCRR  131.3  AND
 RELATED REGULATIONS.
   (C)  FOR  PURPOSES OF THIS SECTION, THE TERM "MAJOR TRAFFIC VIOLATION"
 SHALL MEAN THE OPERATION OF A MOTOR VEHICLE IN VIOLATION OF ANY  ONE  OF
 THE FOLLOWING PROVISIONS OF THIS CHAPTER: SUBDIVISION TWO OF SECTION SIX
 HUNDRED,  SECTION ELEVEN HUNDRED ELEVEN, SECTION ELEVEN HUNDRED SEVENTY,
 SUBDIVISION (A) OF SECTION ELEVEN HUNDRED  SEVENTY-TWO,  SECTION  ELEVEN
 HUNDRED SEVENTY-FOUR, SUBDIVISIONS (A), (B), (C), (D) AND (F) OF SECTION
 ELEVEN  HUNDRED  EIGHTY  PROVIDED  THAT THE VIOLATION INVOLVED TWENTY OR
 MORE MILES PER HOUR OVER THE ESTABLISHED LIMIT, SECTION  ELEVEN  HUNDRED
 EIGHTY-TWO,  AND  SECTION TWELVE HUNDRED TWELVE. THE TERM "MAJOR TRAFFIC
 VIOLATION" SHALL ALSO INCLUDE A VIOLATION OF SUBDIVISION TWO,  THREE  OR
 FOUR  OF  SECTION  ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, AS WELL AS
 ANY VIOLATION OF THE PENAL LAW THAT  INCLUDES  A  VIOLATION  OF  SECTION
 ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER AS ONE OF ITS ELEMENTS.
   AGGRAVATED RECKLESS DRIVING IN THE SECOND DEGREE IS A CLASS E FELONY.
   § 1212-B. AGGRAVATED RECKLESS DRIVING IN THE FIRST DEGREE. A PERSON IS
 GUILTY OF AGGRAVATED RECKLESS DRIVING IN THE FIRST DEGREE WHEN HE OR SHE
 CAUSES  THE DEATH OF ANOTHER PERSON BY OPERATION OF A MOTOR VEHICLE WHEN
 SUCH DEATH WAS CAUSED BY SUCH PERSON:
   (A) COMMITTING A MAJOR TRAFFIC VIOLATION;  AND  (I)  SUCH  PERSON  HAS
 PREVIOUSLY  BEEN CONVICTED OF TWO OR MORE MAJOR TRAFFIC VIOLATIONS ON AT
 LEAST TWO SEPARATE  OCCASIONS  WITHIN  THE  IMMEDIATELY  PRECEDING  FIVE
 YEARS; OR
   (II)  SUCH  PERSON  HAS ACQUIRED AT LEAST FIFTEEN POINTS ON HIS OR HER
 DRIVING RECORD WITHIN THE IMMEDIATELY PRECEDING TEN YEARS.
   (B) AT THE TIME SUCH PERSON IS OPERATING SUCH MOTOR VEHICLE,  (I)  HIS
 OR HER LICENSE IS REVOKED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH A OF
 SUBDIVISION  TWO  OF  SECTION  FIVE HUNDRED TEN OF THIS CHAPTER AND SUCH
 PERSON KNOWS OR HAS REASON TO KNOW THAT HIS OR HER LICENSE HAS  BEEN  SO
 REVOKED; OR
   (II)  HE OR SHE IS VIOLATING SECTION FIVE HUNDRED ELEVEN OF THIS CHAP-
 TER AND THE SUSPENSION OR REVOCATION WAS ISSUED PURSUANT TO A CONVICTION
 FOR AN OFFENSE BASED ON THE OPERATION OF A MOTOR VEHICLE OR PURSUANT  TO
 SECTION  ELEVEN  HUNDRED NINETY-THREE OF THIS CHAPTER OR RELATING TO THE
 OPERATION OF A MOTOR VEHICLE DUE TO AN  UNDERLYING  OFFENSE  THAT  WOULD
 RESULT  IN  POINTS ON THE DRIVER'S RECORD PURSUANT TO 15 NYCRR 131.3 AND
 RELATED REGULATIONS.
   (C) FOR PURPOSES OF THIS SECTION, THE TERM "MAJOR  TRAFFIC  VIOLATION"
 SHALL  MEAN  THE OPERATION OF A MOTOR VEHICLE IN VIOLATION OF ANY ONE OF
 THE FOLLOWING PROVISIONS OF THIS CHAPTER: SUBDIVISION TWO OF SECTION SIX
 HUNDRED, SECTION ELEVEN HUNDRED ELEVEN, SECTION ELEVEN HUNDRED  SEVENTY,
 SUBDIVISION  (A)  OF  SECTION ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN
 HUNDRED SEVENTY-FOUR, SUBDIVISIONS (A), (B), (C), (D) AND (F) OF SECTION
 ELEVEN HUNDRED EIGHTY PROVIDED THAT THE  VIOLATION  INVOLVED  TWENTY  OR
 MORE  MILES  PER HOUR OVER THE ESTABLISHED LIMIT, SECTION ELEVEN HUNDRED
 EIGHTY-TWO, AND SECTION TWELVE HUNDRED TWELVE OF THIS CHAPTER. THE  TERM
 "MAJOR  TRAFFIC VIOLATION" SHALL ALSO INCLUDE A VIOLATION OF SUBDIVISION
 TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER,
 AS WELL AS ANY VIOLATION OF THE PENAL LAW THAT INCLUDES A  VIOLATION  OF
 SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF  THIS  CHAPTER  AS  ONE  OF ITS
 ELEMENTS.
   AGGRAVATED RECKLESS DRIVING IN THE FIRST DEGREE IS A CLASS D FELONY.
   § 2. Paragraph (a) of subdivision 3 of section 511 of the vehicle  and
 traffic  law  is  amended  by  adding  a new subparagraph (v) to read as
 follows:

 A. 4594                             3
 
   (V) WHEN SUCH PERSON OPERATES A MOTOR VEHICLE UPON  A  PUBLIC  HIGHWAY
 AFTER SUCH PERSON'S APPLICATION FOR RELICENSING HAS BEEN DENIED PURSUANT
 TO  15 NYCRR 136.5(B)(1) OR (2) OR WHEN SUCH OPERATION OCCURS WITHIN THE
 PERIOD OF REAPPLICATION DELAY IMPOSED BY THE COMMISSIONER PURSUANT TO 15
 NYCRR 136.5(B)(3) OR (4).
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.