Bill Text: NY A08881 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Redefines reckless driving to be dangerous driving; imposes stronger penalties where physical injury occurs and provides that a driver may be convicted without a showing of multiple violations or an awareness of the risk of harm.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-03-04 - print number 8881a [A08881 Detail]

Download: New_York-2019-A08881-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8881

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    December 18, 2019
                                       ___________

        Introduced  by M. of A. QUART -- read once and referred to the Committee
          on Transportation

        AN ACT to amend the vehicle and traffic  law,  the  insurance  law,  the
          penal law, the uniform district court act, and the administrative code
          of  the  city  of New York, in relation to replacing the term reckless
          driving with aggressive driving

          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] Aggressive driving. [Reckless]  Aggressive  driving
     4  shall  mean  driving or using any motor vehicle, motorcycle or any other
     5  vehicle propelled by any power other than muscular power or  any  appli-
     6  ance or accessory thereof in a manner which unreasonably interferes with
     7  the free and proper use of the public highway, or unreasonably endangers
     8  users  of the public highway. [Reckless] Aggressive driving is prohibit-
     9  ed. Every person violating this provision shall be guilty of a misdemea-
    10  nor.
    11    § 2. Section 509-e of the vehicle and traffic law, as amended by chap-
    12  ter 853 of the laws of 1975, is amended to read as follows:
    13    § 509-e. Annual review of driving record. Each motor carrier shall, at
    14  least once every twelve months, review the driving record  of  each  bus
    15  driver  it  employs  to  determine  whether  that  driver  meets minimum
    16  requirements for safe driving and is qualified to drive a  bus  pursuant
    17  to  section  five hundred nine-b of this article. In reviewing a driving
    18  record, the motor carrier must consider any evidence that the bus driver
    19  has violated applicable provisions of the vehicle and traffic  law.  The
    20  motor  carrier  must  also consider the driver's accident record and any
    21  evidence that the driver has violated laws governing  the  operation  of
    22  motor  vehicles,  such  as  speeding, [reckless] aggressive driving, and
    23  operating while under the influence of alcohol or drugs,  that  indicate

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13864-02-9
        A. 8881                             2

     1  that  the driver has exhibited a disregard for the safety of the public.
     2  Such information shall be recorded in the employer's record.
     3    §  3.  Subparagraph  (ii) of paragraph (a) of subdivision 4 of section
     4  510-a of the vehicle and traffic law, as amended by section 1 of part  C
     5  of chapter 58 of the laws of 2013, is amended to read as follows:
     6    (ii)  is  defined  as reckless or aggressive driving by state or local
     7  law or regulation;
     8    § 4. Paragraph 10 of subdivision (c) of section 516-b of  the  vehicle
     9  and  traffic  law,  as  added  by chapter 731 of the laws of 1986 and as
    10  renumbered by chapter 298 of the laws of 1991, is  amended  to  read  as
    11  follows:
    12    (10) Reckless or aggressive driving; and
    13    §  5.  Subdivision 2 of section 530 of the vehicle and traffic law, as
    14  separately amended by chapters 571 and 732  of  the  laws  of  2006,  is
    15  amended to read as follows:
    16    (2)  Such  license  or  privilege shall not be issued to a person who,
    17  within the four year period immediately preceding the date  of  applica-
    18  tion,  has  been  convicted  within  or without the state of homicide or
    19  assault arising out of the operation of a motor vehicle,  of  criminally
    20  negligent  homicide  or  criminal negligence in the operation of a motor
    21  vehicle resulting in death, or has been convicted within the state of  a
    22  violation  of  subdivision two of section six hundred of this chapter or
    23  of [reckless] aggressive driving. Such license or privilege shall not be
    24  issued to a person whose license or privilege, at the time  of  applica-
    25  tion,  is revoked pursuant to the provisions of subparagraph (x) or (xi)
    26  of paragraph a of subdivision two of section five hundred  ten  of  this
    27  chapter. Such license or privilege shall not be issued to a person whose
    28  license  or privilege is suspended or revoked because of a conviction of
    29  a violation of subdivision one, two, two-a, three,  four  or  four-a  of
    30  section  eleven  hundred ninety-two of this chapter or a similar offense
    31  in another jurisdiction, or whose license or privilege is revoked by the
    32  commissioner for refusal to submit to a chemical test pursuant to subdi-
    33  vision two of section eleven hundred ninety-four of this  chapter.  Such
    34  license or privilege shall not be issued to a person who within the five
    35  year  period  immediately  preceding  the  date  of application for such
    36  license or privilege has been convicted of a  violation  of  subdivision
    37  one,  two,  two-a, three, four or four-a of section eleven hundred nine-
    38  ty-two of this chapter or a similar alcohol-related offense  in  another
    39  jurisdiction,  or  whose  license  or  privilege has been revoked by the
    40  commissioner for refusal to submit to a chemical test pursuant to subdi-
    41  vision two of section eleven hundred ninety-four of this chapter, except
    42  that such a license or privilege may be issued  to  such  a  person  if,
    43  after  such conviction or revocation, such person successfully completed
    44  an alcohol and drug rehabilitation program established pursuant to arti-
    45  cle thirty-one of this chapter in conjunction with  such  conviction  or
    46  revocation. Provided, however, that nothing herein shall be construed as
    47  prohibiting  an  operator  from  being  issued  a limited or conditional
    48  license or privilege pursuant  to  any  alcohol  rehabilitation  program
    49  established pursuant to this chapter.
    50    § 6. Item (B) of subparagraph (i) of paragraph (d) of subdivision 1 of
    51  section  1696  of  the vehicle and traffic law, as added by section 2 of
    52  part AAA of chapter 59 of the laws  of  2017,  is  amended  to  read  as
    53  follows:
    54    (B) [reckless] aggressive driving in violation of section one thousand
    55  two hundred twelve of this chapter;
        A. 8881                             3

     1    §  7.  Subparagraph  (i)  of paragraph (b) of subdivision 2 of section
     2  1699 of the vehicle and traffic law, as amended by  chapter  60  of  the
     3  laws of 2017, is amended to read as follows:
     4    (i)  stands  convicted  in the last three years of: unlawful fleeing a
     5  police officer in a motor  vehicle  in  violation  of  sections  270.35,
     6  270.30  or  270.25  of  the  penal law, [reckless] aggressive driving in
     7  violation of section twelve hundred twelve of  this  chapter,  operating
     8  while  license  or  privilege  is  suspended  or revoked in violation of
     9  section five hundred eleven of this chapter, excluding subdivision seven
    10  of such section, a misdemeanor offense  of  operating  a  motor  vehicle
    11  while  under  the  influence of alcohol or drugs in violation of section
    12  eleven hundred ninety-two of this chapter, or leaving the  scene  of  an
    13  accident  in violation of subdivision two of section six hundred of this
    14  chapter. In calculating the three year period under  this  subparagraph,
    15  any  period  of  time during which the person was incarcerated after the
    16  commission of such offense shall be excluded and such three year  period
    17  shall  be extended by a period or periods equal to the time spent incar-
    18  cerated;
    19    § 8. Section 1810 of the vehicle and traffic law, as added by  chapter
    20  47 of the laws of 1988, is amended to read as follows:
    21    § 1810. Compensation of officers shall not depend upon apprehension or
    22  arrests.  (a)  No  city  or  village  shall employ any officer, agent or
    23  person whose compensation shall in any way depend upon the  apprehension
    24  or  arrest  of any person or persons for violating any ordinance adopted
    25  pursuant to section sixteen hundred four of this chapter or  for  [reck-
    26  less]  aggressive driving as defined in section twelve hundred twelve of
    27  this chapter. If any person be apprehended or arrested or haled before a
    28  magistrate for a violation of a  local  ordinance  adopted  pursuant  to
    29  section  sixteen  hundred  four  or for [reckless] aggressive driving as
    30  defined by section twelve hundred twelve of this chapter by any officer,
    31  agent or employee of any city or village who is so employed, the fact of
    32  such employment at the time shall be a defense to any  charge  made  for
    33  violation of such ordinance or for [reckless] aggressive driving.
    34    (b)  No  county  or  town  shall  employ any officer, agent or person,
    35  whether such employee be elected or appointed, whose compensation  shall
    36  in  any  way  depend  upon  the apprehension or arrest of any person for
    37  [reckless] aggressive driving  as  defined  in  section  twelve  hundred
    38  twelve  of  this  chapter.  If  any person be apprehended or arrested or
    39  haled before a  magistrate  for  [reckless]  aggressive  driving  as  so
    40  defined,  by any officer, agent or employee of any county or town who is
    41  so employed, the fact of such employment at the time shall be a  defense
    42  to  any  charge  made  for  [reckless]  aggressive driving as defined in
    43  section twelve hundred twelve of this chapter.
    44    § 9. Paragraph 3 of subsection (b) of section 2335  of  the  insurance
    45  law,  as  amended by chapter 277 of the laws of 2010, is amended to read
    46  as follows:
    47    (3) operating a motor vehicle in excess of the speed limit, or  [reck-
    48  less]  aggressive  driving, or any combination thereof, on three or more
    49  occasions;
    50    § 10. Item (v) of subparagraph (A) of paragraph 3 of subsection (m) of
    51  section 3425 of the insurance law is amended to read as follows:
    52    (v) operating a motor vehicle in excess of the speed limit, or  [reck-
    53  less]  aggressive  driving, or any combination thereof, on three or more
    54  occasions; or
        A. 8881                             4

     1    § 11. The opening paragraph of section 120.04-a of the penal  law,  as
     2  amended  by  chapter  496  of  the  laws  of 2009, is amended to read as
     3  follows:
     4    A  person  is  guilty  of  aggravated vehicular assault when he or she
     5  engages in [reckless] aggressive driving as defined  by  section  twelve
     6  hundred  twelve of the vehicle and traffic law, and commits the crime of
     7  vehicular assault in the second degree as defined in section  120.03  of
     8  this article, and either:
     9    §  12.  The  opening  paragraph of section 125.14 of the penal law, as
    10  amended by chapter 496 of the laws  of  2009,  is  amended  to  read  as
    11  follows:
    12    A  person  is  guilty  of aggravated vehicular homicide when he or she
    13  engages in [reckless] aggressive driving as defined  by  section  twelve
    14  hundred  twelve of the vehicle and traffic law, and commits the crime of
    15  vehicular manslaughter in the second degree as defined in section 125.12
    16  of this article, and either:
    17    § 13. Section 270.25 of the penal law, as added by chapter 738 of  the
    18  laws of 2006, is amended to read as follows:
    19  § 270.25 Unlawful  fleeing  a  police  officer in a motor vehicle in the
    20             third degree.
    21    A person is guilty of unlawful fleeing a police  officer  in  a  motor
    22  vehicle  in  the  third  degree  when,  knowing  that he or she has been
    23  directed to stop his or her motor vehicle by a uniformed police  officer
    24  or a marked police vehicle by the activation of either the lights or the
    25  lights  and siren of such vehicle, he or she thereafter attempts to flee
    26  such officer or such vehicle by driving at speeds which equal or  exceed
    27  twenty-five  miles  per hour above the speed limit or engaging in [reck-
    28  less] aggressive driving as defined by section twelve hundred twelve  of
    29  the vehicle and traffic law.
    30    Unlawful  fleeing  a  police  officer  in a motor vehicle in the third
    31  degree is a class A misdemeanor.
    32    § 14. Subdivision 1 of section 2408 of the uniform district court act,
    33  as added by chapter 276 of the laws of  1952,  is  amended  to  read  as
    34  follows:
    35    1.  The  board of judges shall have power to provide, by resolution, a
    36  procedure to govern the payment  of  fines  by  any  person  accused  of
    37  violating any provision of any law, ordinance, rule or regulation relat-
    38  ing  to  vehicular  or  pedestrian traffic, without appearing in person,
    39  except in cases of  speeding,  [reckless]  aggressive  driving,  leaving
    40  scene  of  an  accident  or any charge of a misdemeanor or felony or any
    41  charge which may for reasons  of  public  policy  require  the  personal
    42  appearance of the accused, for such period of time as shall be deemed in
    43  the  public  interest;  to fix the fine to be paid in each class of case
    44  within the minimum and maximum amount set by  law,  ordinance,  rule  or
    45  regulation;  to  designate  the  place or places where such fines may be
    46  paid; to prescribe the form of the summonses to be used and  the  manner
    47  in  which  the plea of guilty shall be made; and the manner in which the
    48  money shall be paid.
    49    § 15. Subdivision 1 of section 2411 of the uniform district court act,
    50  as amended by chapter 570 of the laws of 1963, is  amended  to  read  as
    51  follows:
    52    1.  The  board of judges shall have power to provide, by resolution, a
    53  procedure to govern the payment  of  fines  by  any  person  accused  of
    54  violating any provision of any law, ordinance, rule or regulation relat-
    55  ing  to  vehicular  or  pedestrian traffic, without appearing in person,
    56  except in cases of  speeding,  [reckless]  aggressive  driving,  leaving
        A. 8881                             5

     1  scene  of  an  accident  or any charge of a misdemeanor or felony or any
     2  charge which may for reasons  of  public  policy  require  the  personal
     3  appearance of the accused, for such period of time as shall be deemed in
     4  the  public  interest;  to fix the fine to be paid in each class of case
     5  within the minimum and maximum amount set by  law,  ordinance,  rule  or
     6  regulation;  to  designate  the  place or places where such fines may be
     7  paid; to prescribe the form of the summonses to be used and  the  manner
     8  in  which  the plea of guilty shall be made; and the manner in which the
     9  money shall be paid.
    10    § 16. Subdivision l of section 19-506 of the  administrative  code  of
    11  the  city  of  New  York,  as added by chapter 9 of the laws of 2012, is
    12  amended to read as follows:
    13    l. A person is guilty of unlawful fleeing a New  York  city  taxi  and
    14  limousine enforcement officer or police officer when, knowing that he or
    15  she  has  been  directed  to  remain stopped by a New York city taxi and
    16  limousine enforcement officer or police officer, the driver of a vehicle
    17  operating pursuant to a HAIL license who is stopped in a zone  where  he
    18  or  she  is not permitted to pick up street hails thereafter attempts to
    19  flee such officer by setting the vehicle in motion  and  either  travels
    20  over  three  hundred feet without stopping or engages in conduct consti-
    21  tuting [reckless]  aggressive  driving  as  defined  in  section  twelve
    22  hundred  twelve  of  the vehicle and traffic law. Unlawful fleeing a New
    23  York city taxi and limousine enforcement officer or police officer is  a
    24  misdemeanor  punishable  by  a fine of not less than seven hundred fifty
    25  dollars nor more than one thousand dollars, or by  imprisonment  of  not
    26  more  than  ninety days or by both such fine and imprisonment.  Notwith-
    27  standing any contrary provision of law, any charge alleging a  violation
    28  of  this subdivision shall be returnable before a court having jurisdic-
    29  tion over misdemeanors.
    30    § 17. This act shall take effect immediately provided,  however,  that
    31  the amendments to section 2335 of the insurance law made by section nine
    32  of this act shall not affect the expiration of such section and shall be
    33  deemed to expire therewith.