S T A T E   O F   N E W   Y O R K
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                                 2947--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by M. of A. LENTOL, MURRAY -- Multi-Sponsored by -- M. of A.
  ENGLEBRIGHT -- read once and referred to the Committee on  Transporta-
  tion  --  reported and referred to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the vehicle and traffic law, in relation to  determining
  when a person is guilty of aggravated reckless driving in the first or
  second degree

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

  Section 1. The vehicle and traffic law is amended by  adding  two  new
sections 1212-a and 1212-b to read as follows:
  S  1212-A. AGGRAVATED RECKLESS DRIVING IN THE SECOND DEGREE.  A PERSON
IS GUILTY OF AGGRAVATED RECKLESS DRIVING IN THE SECOND DEGREE WHEN HE OR
SHE CAUSES THE SERIOUS PHYSICAL INJURY OF ANOTHER PERSON BY OPERATION OF
A MOTOR VEHICLE WHEN SUCH SERIOUS PHYSICAL INJURY  WAS  CAUSED  BY  SUCH
PERSON:
  (A)  COMMITTING  A  MAJOR  TRAFFIC  VIOLATION; AND (I) SUCH PERSON HAS
PREVIOUSLY BEEN CONVICTED OF TWO OR MORE MAJOR TRAFFIC VIOLATIONS ON  AT
LEAST  TWO  SEPARATE  OCCASIONS  WITHIN  THE  IMMEDIATELY PRECEDING FIVE
YEARS; OR
  (II) SUCH PERSON HAS ACQUIRED AT LEAST FIFTEEN POINTS ON  HIS  OR  HER
DRIVING RECORD WITHIN THE IMMEDIATELY PRECEDING TEN YEARS.
  (B)  AT  THE TIME SUCH PERSON IS OPERATING SUCH MOTOR VEHICLE, (I) HIS
OR HER LICENSE IS REVOKED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH A OF
SUBDIVISION TWO OF SECTION FIVE HUNDRED TEN OF  THIS  CHAPTER  AND  SUCH
PERSON  KNOWS  OR HAS REASON TO KNOW THAT HIS OR HER LICENSE HAS BEEN SO
REVOKED; OR
  (II) HE OR SHE IS VIOLATING SECTION FIVE HUNDRED ELEVEN OF THIS  CHAP-
TER AND THE SUSPENSION OR REVOCATION WAS ISSUED PURSUANT TO A CONVICTION
FOR  AN OFFENSE BASED ON THE OPERATION OF A MOTOR VEHICLE OR PURSUANT TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02958-02-5
              

A. 2947--A                          2

SECTION ELEVEN HUNDRED NINETY-THREE OF THIS CHAPTER OR RELATING  TO  THE
OPERATION  OF  A  MOTOR  VEHICLE DUE TO AN UNDERLYING OFFENSE THAT WOULD
RESULT IN POINTS ON THE DRIVER'S RECORD PURSUANT TO 15 NYCRR  131.3  AND
RELATED REGULATIONS.
  (C)  FOR  PURPOSES OF THIS SECTION, THE TERM "MAJOR TRAFFIC VIOLATION"
SHALL MEAN THE OPERATION OF A MOTOR VEHICLE IN VIOLATION OF ANY  ONE  OF
THE FOLLOWING PROVISIONS OF THIS CHAPTER: SUBDIVISION TWO OF SECTION SIX
HUNDRED,  SECTION ELEVEN HUNDRED ELEVEN, SECTION ELEVEN HUNDRED SEVENTY,
SUBDIVISION (A) OF SECTION ELEVEN HUNDRED  SEVENTY-TWO,  SECTION  ELEVEN
HUNDRED SEVENTY-FOUR, SUBDIVISIONS (A), (B), (C), (D) AND (F) OF SECTION
ELEVEN  HUNDRED  EIGHTY  PROVIDED  THAT THE VIOLATION INVOLVED TWENTY OR
MORE MILES PER HOUR OVER THE ESTABLISHED LIMIT, SECTION  ELEVEN  HUNDRED
EIGHTY-TWO,  AND  SECTION TWELVE HUNDRED TWELVE. THE TERM "MAJOR TRAFFIC
VIOLATION" SHALL ALSO INCLUDE A VIOLATION OF SUBDIVISION TWO,  THREE  OR
FOUR  OF  SECTION  ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, AS WELL AS
ANY VIOLATION OF THE PENAL LAW THAT  INCLUDES  A  VIOLATION  OF  SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER AS ONE OF ITS ELEMENTS.
  AGGRAVATED RECKLESS DRIVING IN THE SECOND DEGREE IS A CLASS E FELONY.
  S 1212-B. AGGRAVATED RECKLESS DRIVING IN THE FIRST DEGREE. A PERSON IS
GUILTY OF AGGRAVATED RECKLESS DRIVING IN THE FIRST DEGREE WHEN HE OR SHE
CAUSES  THE DEATH OF ANOTHER PERSON BY OPERATION OF A MOTOR VEHICLE WHEN
SUCH DEATH WAS CAUSED BY SUCH PERSON:
  (A) COMMITTING A MAJOR TRAFFIC VIOLATION;  AND  (I)  SUCH  PERSON  HAS
PREVIOUSLY  BEEN CONVICTED OF TWO OR MORE MAJOR TRAFFIC VIOLATIONS ON AT
LEAST TWO SEPARATE  OCCASIONS  WITHIN  THE  IMMEDIATELY  PRECEDING  FIVE
YEARS; OR
  (II)  SUCH  PERSON  HAS ACQUIRED AT LEAST FIFTEEN POINTS ON HIS OR HER
DRIVING RECORD WITHIN THE IMMEDIATELY PRECEDING TEN YEARS.
  (B) AT THE TIME SUCH PERSON IS OPERATING SUCH MOTOR VEHICLE,  (I)  HIS
OR HER LICENSE IS REVOKED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH A OF
SUBDIVISION  TWO  OF  SECTION  FIVE HUNDRED TEN OF THIS CHAPTER AND SUCH
PERSON KNOWS OR HAS REASON TO KNOW THAT HIS OR HER LICENSE HAS  BEEN  SO
REVOKED; OR
  (II)  HE OR SHE IS VIOLATING SECTION FIVE HUNDRED ELEVEN OF THIS CHAP-
TER AND THE SUSPENSION OR REVOCATION WAS ISSUED PURSUANT TO A CONVICTION
FOR AN OFFENSE BASED ON THE OPERATION OF A MOTOR VEHICLE OR PURSUANT  TO
SECTION  ELEVEN  HUNDRED NINETY-THREE OF THIS CHAPTER OR RELATING TO THE
OPERATION OF A MOTOR VEHICLE DUE TO AN  UNDERLYING  OFFENSE  THAT  WOULD
RESULT  IN  POINTS ON THE DRIVER'S RECORD PURSUANT TO 15 NYCRR 131.3 AND
RELATED REGULATIONS.
  (C) FOR PURPOSES OF THIS SECTION, THE TERM "MAJOR  TRAFFIC  VIOLATION"
SHALL  MEAN  THE OPERATION OF A MOTOR VEHICLE IN VIOLATION OF ANY ONE OF
THE FOLLOWING PROVISIONS OF THIS CHAPTER: SUBDIVISION TWO OF SECTION SIX
HUNDRED, SECTION ELEVEN HUNDRED ELEVEN, SECTION ELEVEN HUNDRED  SEVENTY,
SUBDIVISION  (A)  OF  SECTION ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN
HUNDRED SEVENTY-FOUR, SUBDIVISIONS (A), (B), (C), (D) AND (F) OF SECTION
ELEVEN HUNDRED EIGHTY PROVIDED THAT THE  VIOLATION  INVOLVED  TWENTY  OR
MORE  MILES  PER HOUR OVER THE ESTABLISHED LIMIT, SECTION ELEVEN HUNDRED
EIGHTY-TWO, AND SECTION TWELVE HUNDRED TWELVE OF THIS CHAPTER. THE  TERM
"MAJOR  TRAFFIC VIOLATION" SHALL ALSO INCLUDE A VIOLATION OF SUBDIVISION
TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER,
AS WELL AS ANY VIOLATION OF THE PENAL LAW THAT INCLUDES A  VIOLATION  OF
SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF  THIS  CHAPTER  AS  ONE  OF ITS
ELEMENTS.
  AGGRAVATED RECKLESS DRIVING IN THE FIRST DEGREE IS A CLASS D FELONY.

A. 2947--A                          3

  S 2. Paragraph (a) of subdivision 3 of section 511 of the vehicle  and
traffic  law  is  amended  by  adding  a new subparagraph (v) to read as
follows:
  (V)  WHEN  SUCH  PERSON OPERATES A MOTOR VEHICLE UPON A PUBLIC HIGHWAY
AFTER SUCH PERSON'S APPLICATION FOR RELICENSING HAS BEEN DENIED PURSUANT
TO 15 NYCRR 136.5(B)(1) OR (2) OR WHEN SUCH OPERATION OCCURS WITHIN  THE
PERIOD OF REAPPLICATION DELAY IMPOSED BY THE COMMISSIONER PURSUANT TO 15
NYCRR 136.5(B)(3) OR (4).
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.