Bill Text: NY A02947 | 2015-2016 | General Assembly | Amended
Bill Title: Provides that a person is guilty of aggravated reckless driving when such person causes the death or serious physical injury of another person by operation of a motor vehicle.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A02947 Detail]
Download: New_York-2015-A02947-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2947--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. LENTOL, MURRAY -- Multi-Sponsored by -- M. of A.
ENGLEBRIGHT -- read once and referred to the Committee on Transporta-
tion -- reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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:
1 Section 1. The vehicle and traffic law is amended by adding two new
2 sections 1212-a and 1212-b to read as follows:
3 S 1212-A. AGGRAVATED RECKLESS DRIVING IN THE SECOND DEGREE. A PERSON
4 IS GUILTY OF AGGRAVATED RECKLESS DRIVING IN THE SECOND DEGREE WHEN HE OR
5 SHE CAUSES THE SERIOUS PHYSICAL INJURY OF ANOTHER PERSON BY OPERATION OF
6 A MOTOR VEHICLE WHEN SUCH SERIOUS PHYSICAL INJURY WAS CAUSED BY SUCH
7 PERSON:
8 (A) COMMITTING A MAJOR TRAFFIC VIOLATION; AND (I) SUCH PERSON HAS
9 PREVIOUSLY BEEN CONVICTED OF TWO OR MORE MAJOR TRAFFIC VIOLATIONS ON AT
10 LEAST TWO SEPARATE OCCASIONS WITHIN THE IMMEDIATELY PRECEDING FIVE
11 YEARS; OR
12 (II) SUCH PERSON HAS ACQUIRED AT LEAST FIFTEEN POINTS ON HIS OR HER
13 DRIVING RECORD WITHIN THE IMMEDIATELY PRECEDING TEN YEARS.
14 (B) AT THE TIME SUCH PERSON IS OPERATING SUCH MOTOR VEHICLE, (I) HIS
15 OR HER LICENSE IS REVOKED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH A OF
16 SUBDIVISION TWO OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER AND SUCH
17 PERSON KNOWS OR HAS REASON TO KNOW THAT HIS OR HER LICENSE HAS BEEN SO
18 REVOKED; OR
19 (II) HE OR SHE IS VIOLATING SECTION FIVE HUNDRED ELEVEN OF THIS CHAP-
20 TER AND THE SUSPENSION OR REVOCATION WAS ISSUED PURSUANT TO A CONVICTION
21 FOR AN OFFENSE BASED ON THE OPERATION OF A MOTOR VEHICLE OR PURSUANT TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02958-02-5
A. 2947--A 2
1 SECTION ELEVEN HUNDRED NINETY-THREE OF THIS CHAPTER OR RELATING TO THE
2 OPERATION OF A MOTOR VEHICLE DUE TO AN UNDERLYING OFFENSE THAT WOULD
3 RESULT IN POINTS ON THE DRIVER'S RECORD PURSUANT TO 15 NYCRR 131.3 AND
4 RELATED REGULATIONS.
5 (C) FOR PURPOSES OF THIS SECTION, THE TERM "MAJOR TRAFFIC VIOLATION"
6 SHALL MEAN THE OPERATION OF A MOTOR VEHICLE IN VIOLATION OF ANY ONE OF
7 THE FOLLOWING PROVISIONS OF THIS CHAPTER: SUBDIVISION TWO OF SECTION SIX
8 HUNDRED, SECTION ELEVEN HUNDRED ELEVEN, SECTION ELEVEN HUNDRED SEVENTY,
9 SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN
10 HUNDRED SEVENTY-FOUR, SUBDIVISIONS (A), (B), (C), (D) AND (F) OF SECTION
11 ELEVEN HUNDRED EIGHTY PROVIDED THAT THE VIOLATION INVOLVED TWENTY OR
12 MORE MILES PER HOUR OVER THE ESTABLISHED LIMIT, SECTION ELEVEN HUNDRED
13 EIGHTY-TWO, AND SECTION TWELVE HUNDRED TWELVE. THE TERM "MAJOR TRAFFIC
14 VIOLATION" SHALL ALSO INCLUDE A VIOLATION OF SUBDIVISION TWO, THREE OR
15 FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, AS WELL AS
16 ANY VIOLATION OF THE PENAL LAW THAT INCLUDES A VIOLATION OF SECTION
17 ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER AS ONE OF ITS ELEMENTS.
18 AGGRAVATED RECKLESS DRIVING IN THE SECOND DEGREE IS A CLASS E FELONY.
19 S 1212-B. AGGRAVATED RECKLESS DRIVING IN THE FIRST DEGREE. A PERSON IS
20 GUILTY OF AGGRAVATED RECKLESS DRIVING IN THE FIRST DEGREE WHEN HE OR SHE
21 CAUSES THE DEATH OF ANOTHER PERSON BY OPERATION OF A MOTOR VEHICLE WHEN
22 SUCH DEATH WAS CAUSED BY SUCH PERSON:
23 (A) COMMITTING A MAJOR TRAFFIC VIOLATION; AND (I) SUCH PERSON HAS
24 PREVIOUSLY BEEN CONVICTED OF TWO OR MORE MAJOR TRAFFIC VIOLATIONS ON AT
25 LEAST TWO SEPARATE OCCASIONS WITHIN THE IMMEDIATELY PRECEDING FIVE
26 YEARS; OR
27 (II) SUCH PERSON HAS ACQUIRED AT LEAST FIFTEEN POINTS ON HIS OR HER
28 DRIVING RECORD WITHIN THE IMMEDIATELY PRECEDING TEN YEARS.
29 (B) AT THE TIME SUCH PERSON IS OPERATING SUCH MOTOR VEHICLE, (I) HIS
30 OR HER LICENSE IS REVOKED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH A OF
31 SUBDIVISION TWO OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER AND SUCH
32 PERSON KNOWS OR HAS REASON TO KNOW THAT HIS OR HER LICENSE HAS BEEN SO
33 REVOKED; OR
34 (II) HE OR SHE IS VIOLATING SECTION FIVE HUNDRED ELEVEN OF THIS CHAP-
35 TER AND THE SUSPENSION OR REVOCATION WAS ISSUED PURSUANT TO A CONVICTION
36 FOR AN OFFENSE BASED ON THE OPERATION OF A MOTOR VEHICLE OR PURSUANT TO
37 SECTION ELEVEN HUNDRED NINETY-THREE OF THIS CHAPTER OR RELATING TO THE
38 OPERATION OF A MOTOR VEHICLE DUE TO AN UNDERLYING OFFENSE THAT WOULD
39 RESULT IN POINTS ON THE DRIVER'S RECORD PURSUANT TO 15 NYCRR 131.3 AND
40 RELATED REGULATIONS.
41 (C) FOR PURPOSES OF THIS SECTION, THE TERM "MAJOR TRAFFIC VIOLATION"
42 SHALL MEAN THE OPERATION OF A MOTOR VEHICLE IN VIOLATION OF ANY ONE OF
43 THE FOLLOWING PROVISIONS OF THIS CHAPTER: SUBDIVISION TWO OF SECTION SIX
44 HUNDRED, SECTION ELEVEN HUNDRED ELEVEN, SECTION ELEVEN HUNDRED SEVENTY,
45 SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN
46 HUNDRED SEVENTY-FOUR, SUBDIVISIONS (A), (B), (C), (D) AND (F) OF SECTION
47 ELEVEN HUNDRED EIGHTY PROVIDED THAT THE VIOLATION INVOLVED TWENTY OR
48 MORE MILES PER HOUR OVER THE ESTABLISHED LIMIT, SECTION ELEVEN HUNDRED
49 EIGHTY-TWO, AND SECTION TWELVE HUNDRED TWELVE OF THIS CHAPTER. THE TERM
50 "MAJOR TRAFFIC VIOLATION" SHALL ALSO INCLUDE A VIOLATION OF SUBDIVISION
51 TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER,
52 AS WELL AS ANY VIOLATION OF THE PENAL LAW THAT INCLUDES A VIOLATION OF
53 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER AS ONE OF ITS
54 ELEMENTS.
55 AGGRAVATED RECKLESS DRIVING IN THE FIRST DEGREE IS A CLASS D FELONY.
A. 2947--A 3
1 S 2. Paragraph (a) of subdivision 3 of section 511 of the vehicle and
2 traffic law is amended by adding a new subparagraph (v) to read as
3 follows:
4 (V) WHEN SUCH PERSON OPERATES A MOTOR VEHICLE UPON A PUBLIC HIGHWAY
5 AFTER SUCH PERSON'S APPLICATION FOR RELICENSING HAS BEEN DENIED PURSUANT
6 TO 15 NYCRR 136.5(B)(1) OR (2) OR WHEN SUCH OPERATION OCCURS WITHIN THE
7 PERIOD OF REAPPLICATION DELAY IMPOSED BY THE COMMISSIONER PURSUANT TO 15
8 NYCRR 136.5(B)(3) OR (4).
9 S 3. This act shall take effect on the ninetieth day after it shall
10 have become a law.
