S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4335
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced by M. of A. MONTESANO, RAIA, HAWLEY -- read once and referred
   to the Committee on Codes
 
 AN  ACT  to  amend the penal law, in relation to the crime of aggressive
   driving
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The penal law is amended by adding a new section 120.65 to
 read as follows:
 § 120.65 AGGRESSIVE DRIVING.
   A PERSON IS GUILTY OF AGGRESSIVE DRIVING WHEN HE OR SHE:
   1. RECKLESSLY OPERATES A MOTOR VEHICLE ON A PUBLIC HIGHWAY IN A MANNER
 THAT CREATES A SUBSTANTIAL RISK OF SERIOUS PHYSICAL  INJURY  TO  ANOTHER
 PERSON; OR
   2.  OPERATES  A  MOTOR  VEHICLE ON A PUBLIC HIGHWAY WHILE DISPLAYING A
 DEADLY WEAPON OR A DANGEROUS INSTRUMENT OR WHAT APPEARS TO BE A  PISTOL,
 REVOLVER,  RIFLE,  SHOTGUN, MACHINE GUN OR OTHER FIREARM, IN SUCH MANNER
 AS TO PLACE ANOTHER PERSON IN REASONABLE FEAR OF PHYSICAL INJURY,  SERI-
 OUS PHYSICAL INJURY OR DEATH; OR
   3.  OPERATES  A MOTOR VEHICLE ON A PUBLIC HIGHWAY IN SUCH MANNER AS TO
 PLACE ANOTHER PERSON IN REASONABLE  FEAR  OF  PHYSICAL  INJURY,  SERIOUS
 PHYSICAL INJURY OR DEATH.
   AGGRESSIVE DRIVING IS A CLASS E FELONY.
   §  2.  Subdivision  4 of section 70.00 of the penal law, as amended by
 chapter 738 of the laws of 2004, is amended to read as follows:
   4. Alternative definite sentence for class D and E  felonies.  When  a
 person,  other than a second or persistent felony offender, is sentenced
 for a class D or class E felony, and the court,  having  regard  to  the
 nature  and  circumstances of the crime and to the history and character
 of the defendant, is of the opinion that a sentence of  imprisonment  is
 necessary  but  that it would be unduly harsh to impose an indeterminate
 or determinate sentence, the court may impose  a  definite  sentence  of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08271-01-9

 A. 4335                             2
 
 imprisonment and fix a term of one year or less, PROVIDED, HOWEVER, THAT
 THE COURT MUST FIX A MINIMUM TERM OF AT LEAST ONE YEAR WHEN THE SENTENCE
 IS FOR A CONVICTION OF THE CLASS E FELONY OFFENSE OF AGGRESSIVE DRIVING.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.