Bill Text: NY S07717 | 2023-2024 | General Assembly | Amended

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Bill Title: Establishes the offense of aggravated reckless driving and allows for the seizure and forfeiture of vehicles used in connection with reckless driving or aggravated reckless driving.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced) 2024-02-01 - PRINT NUMBER 7717A [S07717 Detail]

Download: New_York-2023-S07717-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7717--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    October 18, 2023
                                       ___________

        Introduced by Sen. ROLISON Sen. ROLISON -- read twice and ordered print-
          ed,  and  when  printed  to  be committed to the Committee on Rules --
          recommitted to the Committee  on  Transportation  in  accordance  with
          Senate  Rule  6, sec. 8 -- 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 establishing
          the offense 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.  The  vehicle  and  traffic law is amended by adding a new
     2  section 1212-a to read as follows:
     3    § 1212-a. Aggravated reckless driving. 1. A person is  guilty  of  the
     4  offense  of  aggravated  reckless  driving  when such person commits the
     5  offense of reckless driving as defined in section twelve hundred  twelve
     6  of this chapter and:
     7    (a)  has  previously  been  convicted  of  reckless driving within the
     8  preceding eighteen months;
     9    (b) knows or has reason to know that such person's license  or  privi-
    10  lege  of operating a motor vehicle in this state or privilege of obtain-
    11  ing a license to operate such motor vehicle issued by  the  commissioner
    12  is suspended, revoked or otherwise withdrawn from the commissioner;
    13    (c) in the course of operating a motor vehicle, causes physical injury
    14  to another person;
    15    (d) commits three separate violations of any of the offenses contained
    16  in  this  title  in  the course of operating a motor vehicle on a public
    17  highway; or
    18    (e) operates a motor vehicle that such person knows or should  reason-
    19  ably know is unregistered or uninsured.
    20    2.  Every  person  violating this statute shall be guilty of a class E
    21  felony; provided that this section shall not apply where the motor vehi-
    22  cle operated in violation of this  section  or  section  twelve  hundred

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13190-02-4
        S. 7717--A                          2

     1  twelve  of  this article is a rental vehicle as defined in paragraph (k)
     2  of subdivision one of section three hundred ninety-six-z of the  general
     3  business  law  or  is  owned  by a rental vehicle company, as defined in
     4  paragraph (c) of subdivision one of such section.
     5    §  2.  The  section heading, subdivision 2, subparagraph (ii) of para-
     6  graph (a) of subdivision 5, and subdivisions 6 and 8 of section 511-c of
     7  the vehicle and traffic law, as added by chapter  607  of  the  laws  of
     8  1993, are amended to read as follows:
     9    Seizure and forfeiture of vehicles used in the unlicensed operation of
    10  a motor vehicle and reckless driving under certain circumstances.
    11    2.  Any  motor vehicle which has been or is being used in violation of
    12  paragraph (a) of subdivision  three  of  section  five  hundred  eleven,
    13  section  twelve  hundred  twelve,  or section twelve hundred twelve-a of
    14  this [article] chapter may be seized by any peace officer, acting pursu-
    15  ant to his or her special duties, or police officer,  and  forfeited  as
    16  hereinafter provided in this section.
    17    (ii)  The  person  seeking  to  claim  the motor vehicle has furnished
    18  satisfactory evidence of registration and financial security and, if the
    19  person was the operator of the vehicle at the time of the  violation  of
    20  paragraph  (a)  of  subdivision  three  of  section five hundred eleven,
    21  section twelve hundred twelve, or twelve hundred twelve-a of this [arti-
    22  cle] chapter, satisfactory evidence of payment of any fines or penalties
    23  imposed in connection therewith; and
    24    6. Where a demand for the return of a motor vehicle is not made within
    25  ninety days after the termination of  the  criminal  proceeding  founded
    26  upon the charge of aggravated unlicensed operation of a motor vehicle in
    27  the first degree, reckless driving, or aggravated reckless driving, such
    28  motor  vehicle  shall  be  deemed to be abandoned. Such vehicle shall be
    29  disposed of by the county, cities of New  York,  Yonkers,  Rochester  or
    30  Buffalo  or  the state, as applicable, in accordance with section twelve
    31  hundred twenty-four of this chapter or as otherwise provided by law.
    32    8. Any owner who receives notice of the institution  of  a  forfeiture
    33  action who claims an interest in the motor vehicle subject to forfeiture
    34  shall  assert a claim for the recovery of the motor vehicle or satisfac-
    35  tion of the owner's interest in such motor vehicle by intervening in the
    36  forfeiture action in accordance with  subdivision  (a)  of  section  one
    37  thousand  twelve  of the civil practice law and rules. Any person with a
    38  security interest in such vehicle who receives notice of the institution
    39  of the forfeiture action shall assert a claim for  the  satisfaction  of
    40  such  person's  security  interest in such vehicle by intervening in the
    41  forfeiture action in accordance with  subdivision  (a)  of  section  one
    42  thousand  twelve  of  the  civil practice law and rules.   If the action
    43  relates to a vehicle in which a person holding a security  interest  has
    44  intervened  pursuant  to  this subdivision, the burden shall be upon the
    45  designated official to prove by clear and convincing evidence that  such
    46  intervenor  knew  that such vehicle was or would be used for the commis-
    47  sion of a violation of subparagraph (ii) of paragraph (a) of subdivision
    48  three of section five hundred eleven, section twelve hundred twelve,  or
    49  twelve  hundred  twelve-a  of [the vehicle and traffic law] this chapter
    50  and either (a) knowingly and unlawfully benefitted from such conduct  or
    51  (b)  voluntarily  agreed to the use of the vehicle for the commission of
    52  such violation by consent freely given. For purposes  of  this  subdivi-
    53  sion,  such  intervenor  knowingly  and  unlawfully  benefited  from the
    54  commission of such violation when he or  she  derived  in  exchange  for
    55  permitting  the  use  of  such vehicle by a person or persons committing
    56  such specified violation a substantial benefit that would otherwise  not
        S. 7717--A                          3

     1  have  accrued  as  a result of the lawful use of such vehicle. "Benefit"
     2  means benefit as defined in subdivision seventeen of  section  10.00  of
     3  the penal law.
     4    § 3. This act shall take effect immediately.