Bill Text: NY S03452 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes the crime of aggravated reckless driving; defines aggravated reckless driving to mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof.

Spectrum: Slight Partisan Bill (Republican 7-3)

Status: (Engrossed - Dead) 2012-01-23 - referred to transportation [S03452 Detail]

Download: New_York-2011-S03452-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3452
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 23, 2011
                                      ___________
       Introduced  by  Sens.  FUSCHILLO, HANNON, JOHNSON, MAZIARZ, OPPENHEIMER,
         SEWARD -- read twice and ordered  printed,  and  when  printed  to  be
         committed to the Committee on Transportation
       AN  ACT  to  amend  the vehicle and traffic law, in relation to reckless
         driving and establishes the crime of aggravated reckless 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    S 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 unreasonably interferes with the free and proper use of
    7  the public highway, or unreasonably endangers users of the public  high-
    8  way.  Reckless  driving  is  prohibited.  Every  person  violating  this
    9  provision shall be guilty of a CLASS A misdemeanor  PUNISHABLE  PURSUANT
   10  TO ARTICLES SIXTY-FIVE AND SEVENTY OF THE PENAL LAW.
   11    S  2.  The  vehicle and traffic law is amended by adding a new section
   12  1212-a to read as follows:
   13    S 1212-A. AGGRAVATED RECKLESS  DRIVING.  AGGRAVATED  RECKLESS  DRIVING
   14  SHALL  MEAN  DRIVING OR USING ANY MOTOR VEHICLE, MOTORCYCLE OR ANY OTHER
   15  VEHICLE PROPELLED BY ANY POWER OTHER THAN MUSCULAR POWER OR  ANY  APPLI-
   16  ANCE OR ACCESSORY THEREOF:
   17    (1)  IN  A  MANNER WHICH CREATES A GRAVE RISK OF DEATH TO USERS OF THE
   18  PUBLIC HIGHWAY, OR KNOWING OR HAVING REASON  TO  KNOW  THE  OPERATOR  IS
   19  DRIVING  AGAINST  THE  FLOW  OF  TRAFFIC AND THE WRONG WAY, THE OPERATOR
   20  CONTINUES TO DO SO. FAILURE TO PERCEIVE SAID WRONG  WAY  TRAVEL  DUE  TO
   21  IMPAIRMENT OR INTOXICATION IS ALSO A VIOLATION OF THIS SECTION, OR
   22    (2)  AT SPEEDS OF THIRTY MILES PER HOUR OR MORE ABOVE THE POSTED SPEED
   23  LIMIT AND IN AN IMPAIRED OR INTOXICATED CONDITION PURSUANT  TO  SUBDIVI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08985-02-1
       S. 3452                             2
    1  SIONS  TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINE-
    2  TY-TWO OF THIS CHAPTER, OR
    3    (3)  AT SPEEDS OF THIRTY MILES PER HOUR OR MORE ABOVE THE POSTED SPEED
    4  LIMIT WHILE RACING OR PURSUING ONE OR MORE OTHER VEHICLES, OR
    5    (4) AT SPEEDS OF THIRTY MILES PER HOUR OR MORE ABOVE THE POSTED  SPEED
    6  LIMIT,  THE  DRIVER  PASSES THREE OR MORE TIMES BETWEEN THE TRAVEL LANES
    7  AND OTHER VEHICLES ON THE ROADWAY IN VIOLATION  OF  SUBDIVISION  (A)  OF
    8  SECTION ELEVEN HUNDRED TWENTY-EIGHT OF THIS TITLE.
    9    A  PERSON  VIOLATING  ANY  OF  THE PROVISIONS OF THIS CHAPTER SHALL BE
   10  GUILTY OF A CLASS E FELONY PUNISHABLE PURSUANT  TO  ARTICLES  SIXTY-FIVE
   11  AND SEVENTY OF THE PENAL LAW.
   12    S 3. This act shall take effect on the first of November next succeed-
   13  ing the date on which it shall have become a law.