S T A T E O F N E W Y O R K
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2461
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
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Introduced by M. of A. MONTESANO, RAIA, HAWLEY -- Multi-Sponsored by --
M. of A. CERETTO, McKEVITT -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to the crime of aggressive
driving
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 a new section 120.65 to
read as follows:
S 120.65 AGGRESSIVE DRIVING.
A PERSON IS GUILTY OF AGGRESSIVE DRIVING WHEN HE OR SHE:
1. RECKLESSLY OPERATES A MOTOR VEHICLE ON A PUBLIC HIGHWAY IN A MANNER
THAT CREATES A SUBSTANTIAL RISK OF SERIOUS PHYSICAL INJURY TO ANOTHER
PERSON; OR
2. OPERATES A MOTOR VEHICLE ON A PUBLIC HIGHWAY WHILE DISPLAYING A
DEADLY WEAPON OR A DANGEROUS INSTRUMENT OR WHAT APPEARS TO BE A PISTOL,
REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM, IN SUCH MANNER
AS TO PLACE ANOTHER PERSON IN REASONABLE FEAR OF PHYSICAL INJURY, SERI-
OUS PHYSICAL INJURY OR DEATH; OR
3. OPERATES A MOTOR VEHICLE ON A PUBLIC HIGHWAY IN SUCH MANNER AS TO
PLACE ANOTHER PERSON IN REASONABLE FEAR OF PHYSICAL INJURY, SERIOUS
PHYSICAL INJURY OR DEATH.
AGGRESSIVE DRIVING IS A CLASS E FELONY.
S 2. Subdivision 4 of section 70.00 of the penal law, as amended by
chapter 738 of the laws of 2004, is amended to read as follows:
4. Alternative definite sentence for class D and E felonies. When a
person, other than a second or persistent felony offender, is sentenced
for a class D or class E felony, and the court, having regard to the
nature and circumstances of the crime and to the history and character
of the defendant, is of the opinion that a sentence of imprisonment is
necessary but that it would be unduly harsh to impose an indeterminate
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05117-01-5
A. 2461 2
or determinate sentence, the court may impose a definite sentence of
imprisonment and fix a term of one year or less, PROVIDED, HOWEVER, THAT
THE COURT MUST FIX A MINIMUM TERM OF AT LEAST ONE YEAR WHEN THE SENTENCE
IS FOR A CONVICTION OF THE CLASS E FELONY OFFENSE OF AGGRESSIVE DRIVING.
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.