Assembly Bill A3840

2017-2018 Legislative Session

Relates to reckless driving; relates to culpability regarding criminal homicide involving the use of a motor vehicle

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A3840 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1212, V & T L; add §15.07, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2127
2019-2020: A1381
2021-2022: A3036
2023-2024: A1144

2017-A3840 (ACTIVE) - Summary

Relates to reckless driving; relates to culpability regarding criminal homicide involving the use of a motor vehicle.

2017-A3840 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3840
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  reckless
   driving;  and  to  amend the penal law, in relation to criminal negli-
   gence involving the use of a motor vehicle

   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:
   § 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 (1) unreasonably interferes with the free and proper use
 of the public highway, or (2) unreasonably endangers users of the public
 highway, OR (3) IS RECKLESS WITHIN THE MEANING OF SECTION 15.05  OF  THE
 PENAL  LAW.    [Reckless]  ALL  SUCH driving is prohibited. Every person
 violating this provision shall be guilty of a misdemeanor.
   § 2. The penal law is amended by adding a new section 15.07 to read as
 follows:
 § 15.07 CULPABILITY; CRIMINAL NEGLIGENCE INVOLVING THE USE  OF  A  MOTOR
           VEHICLE.
   NOTWITHSTANDING  SECTION  15.05 OF THIS ARTICLE, A PERSON MAY BE FOUND
 TO HAVE ACTED WITH CRIMINAL NEGLIGENCE INVOLVING  THE  USE  OF  A  MOTOR
 VEHICLE  WITH  RESPECT TO A HOMICIDE, AS DEFINED UNDER SECTION 125.10 OF
 THIS CHAPTER, OR AN ASSAULT, AS DEFINED UNDER  SECTION  120.00  OF  THIS
 CHAPTER,  IF IT IS ESTABLISHED THAT HE OR SHE WAS RECKLESSLY DRIVING, AS
 DEFINED UNDER SECTION ONE THOUSAND TWO HUNDRED TWELVE OF THE VEHICLE AND
 TRAFFIC LAW.
   § 3. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05468-01-7

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