senate Bill S7172

2013-2014 Legislative Session

Establishes the crime of aggravated reckless driving

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Archive: Last Bill Status - In Committee


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

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May 01, 2014 referred to transportation

S7172 - Bill Details

See Assembly Version of this Bill:
A6492
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1212, add §1212-a, V & T L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S752
2011-2012: A6078, S3452

S7172 - Bill Texts

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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 NUMBER:S7172

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.

JUSTIFICATION:

The 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 above the posted limit while intoxicated or impaired;
driving 30 or 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:

2013: A. 6492
2012: S.3452 - Passed Senate. A.6078 - Died in Transportation

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

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

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

                                  7172

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- 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-
SIONS TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED  NINE-
TY-TWO OF THIS TITLE, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01336-01-3

S. 7172                             2

  (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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