senate Bill S2479

Creates the crimes of dangerous driving in the fifth, fourth, third, second and first degrees

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Sponsor

Bill Status


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

  • 17 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Creates the crimes of dangerous driving in the fifth, fourth, third, second and first degrees; imposes criminal liability on drivers who continue to operate motor vehicles in violation of the vehicle and traffic law and cause injury as a result.

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Bill Details

See Assembly Version of this Bill:
A521
Versions:
S2479
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง120.71 - 120.75, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S5097, A365
2009-2010: A2589, A2589
2007-2008: A2649A, A2649A

Sponsor Memo

BILL NUMBER:S2479

TITLE OF BILL: An act to amend the penal law, in relation to creating
the crimes of dangerous driving in the fifth, fourth, third, second
and first degrees

PURPOSE OR GENERAL IDEA OF BILL: Amends the Penal Law to impose
criminal liability on drivers who continue to operate motor vehicles
in violation of the vehicle and traffic law and cause injury as a
result.

SUMMARY OF SPECIFIC PROVISIONS: Amends the Penal Law to create crimes
of Dangerous Driving, by adding new provisions which impose criminal
liability on drivers who continue to operate motor vehicles in an
unsafe manner or with suspended licenses. If a motorist has been
convicted of two violations of the Vehicle and Traffic Law and has an
accident that causes physical injury or death while operating a
vehicle in violation of law, that driver would be guilty of a separate
criminal offense and subject to criminal liability. The penalties
range from one year to twenty five years depending on the severity of
the injury.

JUSTIFICATION: Drivers who continue to operate motor vehicles in an
unsafe manner should not be able to escape criminal liability for
causing "accidents" which injure innocent drivers or pedestrians. A
person who has prior convictions for unsafe driving should not
continue to drive in a manner that is dangerous to others. These
dangerous drivers who cause injury to others in what is incorrectly
deemed an "accident" should face criminal prosecution for continually
flaunting the rules of the road. Also, drivers who operate motor
vehicles with a suspended license or no license must be prosecuted if
they cause injury to others. A license to drive is a privilege and not
a license to kill or injure. Those who flagrantly violate the Vehicle
and Traffic Law must be held accountable for the injuries they cause.
This legislation sends a clear message that we will no longer permit
dangerous drivers to escape responsibility for their misconduct by
incorrectly calling it an "accident."

PRIOR LEGISLATIVE HISTORY: 2011-2012: A.365 - Died in Codes/S.5097 -
Died in Codes; 2009-2010: A.2589 - Died in Transportation; 2008:
A.2649-A - Died in Codes/S.5584- Passed Senate; 2007: A.2649-
A/S.5584-A - Remained in Codes: 2005-2006: A.7885/S.5333 - Died in
Codes; 2004: A.10542 - Died in Codes.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 1st of November next succeeding that date on which it
shall become law.

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

                                  2479

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to  creating  the  crimes  of
  dangerous  driving  in  the  fifth,  fourth,  third,  second and first
  degrees

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

  Section  1.  The  penal  law  is  amended  by adding five new sections
120.71, 120.72, 120.73, 120.74 and 120.75 to read as follows:
S 120.71 DANGEROUS DRIVING IN THE FIFTH DEGREE.
  A PERSON IS GUILTY OF DANGEROUS DRIVING IN THE FIFTH DEGREE,  WHEN  HE
OR  SHE,  HAVING  BEEN CONVICTED WITHIN THE PRECEDING EIGHTEEN MONTHS OF
ANY TWO VIOLATIONS OF SECTION FIVE HUNDRED NINE,  FIVE  HUNDRED  ELEVEN,
SIX HUNDRED, ELEVEN HUNDRED EIGHTY-TWO, ELEVEN HUNDRED NINETY-TWO, ELEV-
EN  HUNDRED  NINETY-TWO-A  OR  TWELVE  HUNDRED TWELVE OF THE VEHICLE AND
TRAFFIC LAW, OPERATES A MOTOR  VEHICLE  IN  VIOLATION  OF  ANY  OF  SUCH
SECTIONS OF THE VEHICLE AND TRAFFIC LAW, AND IN DOING SO CAUSES PHYSICAL
INJURY TO ANOTHER PERSON.
  DANGEROUS DRIVING IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
S 120.72 DANGEROUS DRIVING IN THE FOURTH DEGREE.
  A  PERSON IS GUILTY OF DANGEROUS DRIVING IN THE FOURTH DEGREE, WHEN HE
OR SHE, KNOWINGLY HAS IN EFFECT THREE OR MORE SUSPENSIONS, IMPOSED ON AT
LEAST THREE SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR PAY A  FINE
PURSUANT  TO  SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX OF THE
VEHICLE AND TRAFFIC LAW OR PARAGRAPH A OF SUBDIVISION  FOUR  OF  SECTION
FIVE  HUNDRED  TEN  OF THE VEHICLE AND TRAFFIC LAW AND WHILE OPERATING A
MOTOR VEHICLE CAUSES PHYSICAL INJURY TO ANOTHER PERSON.
  DANGEROUS DRIVING IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 120.73 DANGEROUS DRIVING IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF DANGEROUS DRIVING IN THE THIRD DEGREE,  WHEN  HE
OR  SHE, (A) KNOWINGLY HAS IN EFFECT TEN OR MORE SUSPENSIONS, IMPOSED ON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00824-01-3

S. 2479                             2

AT LEAST TEN SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR PAY A FINE
PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX  OF  THE
VEHICLE  AND  TRAFFIC  LAW OR PARAGRAPH A OF SUBDIVISION FOUR OF SECTION
FIVE  HUNDRED  TEN  OF THE VEHICLE AND TRAFFIC LAW AND WHILE OPERATING A
MOTOR VEHICLE CAUSES PHYSICAL INJURY TO ANOTHER PERSON; (B) HAVING  BEEN
CONVICTED  WITHIN THE PRECEDING EIGHTEEN MONTHS OF ANY TWO VIOLATIONS OF
SECTION FIVE HUNDRED NINE, FIVE  HUNDRED  ELEVEN,  SIX  HUNDRED,  ELEVEN
HUNDRED   EIGHTY-TWO,   ELEVEN   HUNDRED   NINETY-TWO,   ELEVEN  HUNDRED
NINETY-TWO-A, OR TWELVE HUNDRED TWELVE OF THE VEHICLE AND  TRAFFIC  LAW,
OPERATES  A MOTOR VEHICLE IN VIOLATION OF ANY SUCH SECTIONS OF THE VEHI-
CLE AND TRAFFIC LAW, AND IN DOING SO CAUSES SERIOUS PHYSICAL  INJURY  TO
ANOTHER  PERSON; OR (C) WHEN HE OR SHE, KNOWINGLY HAS IN EFFECT THREE OR
MORE SUSPENSIONS, IMPOSED ON AT LEAST THREE SEPARATE DATES  FOR  FAILURE
TO  ANSWER,  APPEAR,  OR  PAY  A  FINE  PURSUANT TO SUBDIVISION THREE OF
SECTION TWO HUNDRED TWENTY-SIX OF THE VEHICLE AND TRAFFIC LAW  OR  PARA-
GRAPH  A  OF SUBDIVISION FOUR OF SECTION FIVE HUNDRED TEN OF THE VEHICLE
AND TRAFFIC LAW AND WHILE OPERATING A MOTOR VEHICLE CAUSES SERIOUS PHYS-
ICAL INJURY TO ANOTHER PERSON.
  DANGEROUS DRIVING IN THE THIRD DEGREE IS A CLASS D FELONY.
S 120.74 DANGEROUS DRIVING IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF DANGEROUS DRIVING IN THE SECOND DEGREE, WHEN  HE
OR  SHE, (A) KNOWINGLY HAS IN EFFECT TEN OR MORE SUSPENSIONS, IMPOSED ON
AT LEAST TEN SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR PAY A FINE
PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX  OF  THE
VEHICLE  AND  TRAFFIC  LAW OR PARAGRAPH A OF SUBDIVISION FOUR OF SECTION
FIVE HUNDRED TEN OF THE VEHICLE AND TRAFFIC LAW AND  WHILE  OPERATING  A
MOTOR  VEHICLE  CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON; OR (B)
HAVING BEEN CONVICTED WITHIN THE PRECEDING EIGHTEEN MONTHS  OF  ANY  TWO
VIOLATIONS  OF  SECTION  FIVE  HUNDRED  NINE,  FIVE  HUNDRED ELEVEN, SIX
HUNDRED, ELEVEN HUNDRED EIGHTY-TWO, ELEVEN  HUNDRED  NINETY-TWO,  ELEVEN
HUNDRED  NINETY-TWO-A, OR TWELVE HUNDRED TWELVE OF THE VEHICLE AND TRAF-
FIC LAW, HE OR SHE OPERATES A MOTOR VEHICLE IN VIOLATION OF ANY OF  SUCH
SECTIONS  OF  THE  VEHICLE  AND  TRAFFIC LAW, AND IN DOING SO CAUSES THE
DEATH OF ANOTHER PERSON.
  DANGEROUS DRIVING IN THE SECOND DEGREE IS A CLASS C FELONY.
S 120.75 DANGEROUS DRIVING IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF DANGEROUS DRIVING IN THE FIRST DEGREE,  WHEN  HE
OR  SHE,  KNOWINGLY HAS IN EFFECT TEN OR MORE SUSPENSIONS, IMPOSED ON AT
LEAST TEN SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR  PAY  A  FINE
PURSUANT  TO  SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX OF THE
VEHICLE AND TRAFFIC LAW OR PARAGRAPH A OF SUBDIVISION  FOUR  OF  SECTION
FIVE  HUNDRED  TEN  OF THE VEHICLE AND TRAFFIC LAW AND WHILE OPERATING A
MOTOR VEHICLE CAUSES THE DEATH OF ANOTHER PERSON.
  DANGEROUS DRIVING IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 2. 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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