Bill Text: NY A03036 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to reckless driving; relates to culpability regarding criminal homicide involving the use of a motor vehicle.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A03036 Detail]

Download: New_York-2021-A03036-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3036

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Codes

        AN ACT to amend the vehicle and traffic law,  in  relation  to  reckless
          driving;  and  to  amend the penal law, in relation to criminal negli-
          gence involving the use of a motor vehicle

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  1212 of the vehicle and traffic law, as added by
     2  chapter 47 of the laws of 1988, is amended to read as follows:
     3    § 1212. Reckless driving. Reckless driving shall mean driving or using
     4  any motor vehicle, motorcycle or any  other  vehicle  propelled  by  any
     5  power other than muscular power or any appliance or accessory thereof in
     6  a  manner which (1) unreasonably interferes with the free and proper use
     7  of the public highway, or (2) unreasonably endangers users of the public
     8  highway, or (3) is reckless within the meaning of section 15.05  of  the
     9  penal  law.    [Reckless]  All  such driving is prohibited. Every person
    10  violating this provision shall be guilty of a misdemeanor.
    11    § 2. The penal law is amended by adding a new section 15.07 to read as
    12  follows:
    13  § 15.07 Culpability; criminal negligence involving the use  of  a  motor
    14            vehicle.
    15    Notwithstanding  section  15.05 of this article, a person may be found
    16  to have acted with criminal negligence involving  the  use  of  a  motor
    17  vehicle  with  respect to a homicide, as defined under section 125.10 of
    18  this chapter, or an assault, as defined under  section  120.00  of  this
    19  chapter,  if it is established that he or she was recklessly driving, as
    20  defined under section one thousand two hundred twelve of the vehicle and
    21  traffic law.
    22    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00850-01-1