senate Bill S2938A

Enacts Michelle and Jordan's law relating to the penalties for a second conviction of participating in an unlawful speed contest or race

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Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / Feb / 2011
    • REFERRED TO TRANSPORTATION
  • 01 / Mar / 2011
    • 1ST REPORT CAL.133
  • 02 / Mar / 2011
    • 2ND REPORT CAL.
  • 03 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 11 / Apr / 2011
    • AMENDED ON THIRD READING (T) 2938A
  • 09 / May / 2011
    • PASSED SENATE
  • 09 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 09 / May / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 09 / Jan / 2012
    • 1ST REPORT CAL.24
  • 10 / Jan / 2012
    • 2ND REPORT CAL.
  • 18 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 19 / Jan / 2012
    • PASSED SENATE
  • 19 / Jan / 2012
    • DELIVERED TO ASSEMBLY
  • 19 / Jan / 2012
    • REFERRED TO TRANSPORTATION

Summary

Enacts Michelle and Jordan's law relating to the penalties for a second conviction of participating in an unlawful speed contest or race.

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Bill Details

See Assembly Version of this Bill:
A5276A
Versions:
S2938
S2938A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1182, V & T L
Versions Introduced in 2009-2010 Legislative Cycle:
S3007, A8438

Sponsor Memo

BILL NUMBER:S2938A

TITLE OF BILL:
An act
to enact "Michelle and Jordan's law"; and
to amend the vehicle and traffic law, in relation to speed contests and
races

PURPOSE:
Establishes Michelle and Jordan's law and relates to the penalties for
participating in an unlawful speed contest or race.

SUMMARY OF PROVISIONS:
Section 1. Short title. This act shall be known and may be cited as
"Michelle and Jordan's Law."

Section 2. Section 1182 of the vehicle and traffic law as amended by
chapter 594 of the laws of 1987, subdivisions 1 and 2 as amended by
section 9 of part C of chapter 62 of the laws of 2003, is amended to
include speed contests and laces. Violations of any of the provisions
of this section shall constitute a class A misdemeanor and be
punishable by imprisonment of not more than thirty days or a fine of
not less than three hundred dollars nor more than five hundred
twenty-five dollars, or both such fine and imprisonment. Subsection 2
provides that a second conviction within twelve months of a violation
of this section shall constitute a class E felony and shall be
punishable by imprisonment of up to one year and one day or a fine of
not less than five hundred twenty-five dollars nor more than seven
hundred fifty dollars, or both such fine and imprisonment.

Section 3. This act shall take effect on the one hundred eightieth day
after it shall have become a law, provided that the commissioner of
motor vehicles is immediately authorized and directed to promulgate,
amend and/or repeal any rules and regulations necessary to implement
the provisions of this act on its effective date.

JUSTIFICATION:
A tragic incident on Staten Island occurred that left a seventeen year
old girl dead and her boyfriend critically injured, due to a high
speed race contest. The crash occurred when a group of four friends
driving a Honda Accord got involved in a race with three other
friends, traveling in a Ford Mustang. As the Honda reached speeds as
high as 95
mph, the driver lost control and slammed into the Mustang. The car
smashed into the metal post, slicing the car into, sending both
passengers in the back seat, who were not wearing their seatbelts,
flying into the woods. The girl was killed and the boy was left
critically injured. Studies have concluded that speeding increases
the likelihood and severity of a crash. The faster a vehicle is
moving, the less time the driver has to react to a hazard, and for
other road users to react to that vehicle. A speeding vehicle
requires more time and distance to stop, and is harder to control.
Creating legislation that mandates harsher punishments for speed
racing is crucial to reduce the number of traffic fatalities in New
York State, as well as in the United States.


LEGISLATIVE HISTORY:
2010: S.3007 - Reported to Codes/A.8438 - Referred to Transportation
2009: S.3007 - Reported to Codes/A.8438 - Referred to Transportation
2008: S.8020 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law, provided that the commissioner of motor
vehicles is immediately authorized and directed to promulgate, amend
and/or repeal any rules and regulations necessary to implement the
provisions of this act on its effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2938--A
    Cal. No. 133

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced by Sens. LANZA, AVELLA -- read twice and ordered printed, and
  when  printed  to  be  committed to the Committee on Transportation --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to enact "Michelle and Jordan's law"; and to  amend  the  vehicle
  and traffic law, in relation to speed contests and races

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
"Michelle and Jordan's law".
  S  2. Subdivision 2 of section 1182 of the vehicle and traffic law, as
amended by section 9 of part C of chapter 62 of the  laws  of  2003,  is
amended to read as follows:
  2.  A  second  conviction  within twelve months of a violation of this
section SHALL CONSTITUTE A CLASS E FELONY AND  shall  be  punishable  by
imprisonment of [not more than six months] UP TO ONE YEAR AND ONE DAY or
a  fine  of not less than five hundred twenty-five dollars nor more than
seven hundred fifty dollars, or both such fine and imprisonment.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately  the  commissioner  of
motor  vehicles  may add, amend, or repeal any rule or regulation neces-
sary for the timely implementation of this act on its effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04496-02-1

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