Bill Text: NY S08704 | 2017-2018 | General Assembly | Introduced

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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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-05-10 - REFERRED TO TRANSPORTATION [S08704 Detail]

Download: New_York-2017-S08704-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8704
                    IN SENATE
                                      May 10, 2018
                                       ___________
        Introduced  by  Sen. KENNEDY -- 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  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    §  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
    22  section eleven hundred ninety-three of this chapter or relating  to  the
    23  operation  of  a  motor  vehicle due to an underlying offense that would
    24  result in points on the driver's record pursuant to 15 NYCRR  131.3  and
    25  related regulations.
    26    (c)  For  purposes of this section, the term "major traffic violation"
    27  shall mean the operation of a motor vehicle in violation of any  one  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03708-01-7
        S. 8704                             2
     1  the following provisions of this chapter: subdivision two of section six
     2  hundred,  section eleven hundred eleven, section eleven hundred seventy,
     3  subdivision (a) of section eleven hundred  seventy-two,  section  eleven
     4  hundred seventy-four, subdivisions (a), (b), (c), (d) and (f) of section
     5  eleven  hundred  eighty  provided  that the violation involved twenty or
     6  more miles per hour over the established limit, section  eleven  hundred
     7  eighty-two,  and  section twelve hundred twelve. The term "major traffic
     8  violation" shall also include a violation of subdivision two,  three  or
     9  four  of  section  eleven hundred ninety-two of this chapter, as well as
    10  any violation of the penal law that  includes  a  violation  of  section
    11  eleven hundred ninety-two of this chapter as one of its elements.
    12    Aggravated reckless driving in the second degree is a class E felony.
    13    § 1212-b. Aggravated reckless driving in the first degree. A person is
    14  guilty of aggravated reckless driving in the first degree when he or she
    15  causes  the death of another person by operation of a motor vehicle when
    16  such death was caused by such person:
    17    (a) committing a major traffic violation;  and  (i)  such  person  has
    18  previously  been convicted of two or more major traffic violations on at
    19  least two separate  occasions  within  the  immediately  preceding  five
    20  years; or
    21    (ii)  such  person  has acquired at least fifteen points on his or her
    22  driving record within the immediately preceding ten years.
    23    (b) at the time such person is operating such motor vehicle,  (i)  his
    24  or her license is revoked pursuant to subparagraph (i) of paragraph a of
    25  subdivision  two  of  section  five hundred ten of this chapter and such
    26  person knows or has reason to know that his or her license has  been  so
    27  revoked; or
    28    (ii)  he or she is violating section five hundred eleven of this chap-
    29  ter and the suspension or revocation was issued pursuant to a conviction
    30  for an offense based on the operation of a motor vehicle or pursuant  to
    31  section  eleven  hundred ninety-three of this chapter or relating to the
    32  operation of a motor vehicle due to an  underlying  offense  that  would
    33  result  in  points on the driver's record pursuant to 15 NYCRR 131.3 and
    34  related regulations.
    35    (c) For purposes of this section, the term "major  traffic  violation"
    36  shall  mean  the operation of a motor vehicle in violation of any one of
    37  the following provisions of this chapter: subdivision two of section six
    38  hundred, section eleven hundred eleven, section eleven hundred  seventy,
    39  subdivision  (a)  of  section eleven hundred seventy-two, section eleven
    40  hundred seventy-four, subdivisions (a), (b), (c), (d) and (f) of section
    41  eleven hundred eighty provided that the  violation  involved  twenty  or
    42  more  miles  per hour over the established limit, section eleven hundred
    43  eighty-two, and section twelve hundred twelve of this chapter. The  term
    44  "major  traffic violation" shall also include a violation of subdivision
    45  two, three or four of section eleven hundred ninety-two of this chapter,
    46  as well as any violation of the penal law that includes a  violation  of
    47  section  eleven  hundred  ninety-two  of  this  chapter  as  one  of its
    48  elements.
    49    Aggravated reckless driving in the first degree is a class D felony.
    50    § 2. Paragraph (a) of subdivision 3 of section 511 of the vehicle  and
    51  traffic  law  is  amended  by  adding  a new subparagraph (v) to read as
    52  follows:
    53    (v) when such person operates a motor vehicle upon  a  public  highway
    54  after such person's application for relicensing has been denied pursuant
    55  to  15 NYCRR 136.5(b)(1) or (2) or when such operation occurs within the
        S. 8704                             3
     1  period of reapplication delay imposed by the commissioner pursuant to 15
     2  NYCRR 136.5(b)(3) or (4).
     3    §  3.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.