senate Bill S3452

Establishes the crime of aggravated reckless driving

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Bill Status


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

  • 23 / Feb / 2011
    • REFERRED TO TRANSPORTATION
  • 01 / Mar / 2011
    • 1ST REPORT CAL.139
  • 02 / Mar / 2011
    • 2ND REPORT CAL.
  • 03 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 29 / Mar / 2011
    • PASSED SENATE
  • 29 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 29 / Mar / 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.26
  • 10 / Jan / 2012
    • 2ND REPORT CAL.
  • 18 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 23 / Jan / 2012
    • PASSED SENATE
  • 23 / Jan / 2012
    • DELIVERED TO ASSEMBLY
  • 23 / Jan / 2012
    • REFERRED TO TRANSPORTATION

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A6078
Versions:
S3452
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1212, add §1212-a, V & T L

Sponsor Memo

BILL NUMBER:S3452

TITLE OF BILL:

An act
to amend the vehicle and traffic law, in relation to reckless driving
and establishes the crime of aggravated reckless driving

PURPOSE:

The purpose of this bill is make stiffer the penalties for reckless
drivers.

SUMMARY OF PROVISIONS:

Section 1 amends Section 1212 of the Vehicle and Traffic Law (reckless
driving), raising the classification of reckless driving from an
unclassified misdemeanor to a class A misdemeanor.

Section 2 creates a new section of the Vehicle and Traffic Law,
Section 1212-a, aggravated reckless driving.

EXISTING LAW:

Presently, reckless driving is an unclassified misdemeanor.

JUSTIFICATION:

This bill recognizes that certain actions taken by motor vehicle
operators rise above the level of simple recklessness. By increasing
the penalty for certain egregious acts of reckless driving, this bill
hopes to deter such acts; however, for individuals who choose to
continue to engage in such reckless behavior, this bill provides a
more appropriate penalty.

The bill creates a new section in the Vehicle and Traffic Law entitled
aggravated reckless driving. A driver engaging in any of the
following acts would be guilty of aggravated reckless driving:
operating in a manner that creates a grave risk of death; knowingly
or through intoxication driving against the flow of traffic; driving
30 or more miles per hour above the posted limit while intoxicated or
impaired; driving 30 or more miles per hour above the posted limit
while racing another vehicle, or; driving 30 or more miles per hour
above the posted limit and weaving in and out of traffic. Aggravated
reckless driving would be a class E felony.

While addressing a number of issues concerning reckless driving, of
particular importance is the subsection dealing with wrong-way
driving. In the past three months alone on Long Island, there have
been at least 18 incidents of wrong-way driving, most involving the
use of alcohol and/or drugs. This bill addresses this issue
specifically, providing a further tool for prosecutors in charging
drivers that knowingly or through intoxication proceed the wrong-way
on a roadway and cause significant risk of death or injury to other
motorists.


LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
First of November next succeeding the date on which it shall have
become law.

view bill text
                    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:

  Section  1.  Section  1212 of the vehicle and traffic law, as added by
chapter 47 of the laws of 1988, is amended to read as follows:
  S 1212. Reckless driving. Reckless driving shall 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 in
a  manner  which unreasonably interferes with the free and proper use of
the public highway, or unreasonably endangers users of the public  high-
way.  Reckless  driving  is  prohibited.  Every  person  violating  this
provision shall be guilty of a CLASS A misdemeanor  PUNISHABLE  PURSUANT
TO ARTICLES SIXTY-FIVE AND SEVENTY OF THE PENAL LAW.
  S  2.  The  vehicle and traffic law is amended by adding a new section
1212-a to read as follows:
  S 1212-A. AGGRAVATED RECKLESS  DRIVING.  AGGRAVATED  RECKLESS  DRIVING
SHALL  MEAN  DRIVING OR USING ANY MOTOR VEHICLE, MOTORCYCLE OR ANY OTHER
VEHICLE PROPELLED BY ANY POWER OTHER THAN MUSCULAR POWER OR  ANY  APPLI-
ANCE OR ACCESSORY THEREOF:
  (1)  IN  A  MANNER WHICH CREATES A GRAVE RISK OF DEATH TO USERS OF THE
PUBLIC HIGHWAY, OR KNOWING OR HAVING REASON  TO  KNOW  THE  OPERATOR  IS
DRIVING  AGAINST  THE  FLOW  OF  TRAFFIC AND THE WRONG WAY, THE OPERATOR
CONTINUES TO DO SO. FAILURE TO PERCEIVE SAID WRONG  WAY  TRAVEL  DUE  TO
IMPAIRMENT OR INTOXICATION IS ALSO A VIOLATION OF THIS SECTION, OR
  (2)  AT SPEEDS OF THIRTY MILES PER HOUR OR MORE ABOVE THE POSTED SPEED
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

SIONS  TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINE-
TY-TWO OF THIS CHAPTER, OR
  (3)  AT SPEEDS OF THIRTY MILES PER HOUR OR MORE ABOVE THE POSTED SPEED
LIMIT WHILE RACING OR PURSUING ONE OR MORE OTHER VEHICLES, OR
  (4) AT SPEEDS OF THIRTY MILES PER HOUR OR MORE ABOVE THE POSTED  SPEED
LIMIT,  THE  DRIVER  PASSES THREE OR MORE TIMES BETWEEN THE TRAVEL LANES
AND OTHER VEHICLES ON THE ROADWAY IN VIOLATION  OF  SUBDIVISION  (A)  OF
SECTION ELEVEN HUNDRED TWENTY-EIGHT OF THIS TITLE.
  A  PERSON  VIOLATING  ANY  OF  THE PROVISIONS OF THIS CHAPTER SHALL BE
GUILTY OF A CLASS E FELONY PUNISHABLE PURSUANT  TO  ARTICLES  SIXTY-FIVE
AND SEVENTY OF THE PENAL LAW.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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