BILL NUMBER:S3732

TITLE OF BILL:

An act to enact "Michelle and Jordan's law"; and to amend the vehicle
and traffic law, in relation to speed contests and races

PURPOSE:

Establishes Michelle and Jordan's law and relates to the penalties for
participating in an unlawful speed contest or race.

SUMMARY OF PROVISIONS:

Section 1. Short title. This act shall be known and may be cited as
"Michelle and Jordan's Law."

Section 2. Section 1182 of the vehicle and traffic law as amended by
chapter 594 of the laws of 1987, subdivisions 1 and 2 as amended by
section 9 of part C of chapter 62 of the laws of 2003, is amended to
include speed contests and laces. Violations of any of the provisions
of this section shall constitute a class A misdemeanor and be
punishable by imprisonment of not more than thirty days or a fine of
not less than three hundred dollars nor more than, five hundred
twenty-five dollars, or both such fine and imprisonment. Subsection 2
provides that a second conviction within twelve months of a violation
              

of this section shall constitute a class E felony and shall be
punishable by imprisonment of up to one year and one day or a fine of
not less than five hundred twenty-five dollars nor more than seven
hundred fifty dollars, or both such fine and imprisonment.

Section 3. This act shall take effect on the one hundred eightieth day
after it shall have become a law, provided that the commissioner of
motor vehicles is immediately authorized and directed to promulgate,
amend and/or repeal any rules and regulations necessary to implement
the provisions of this act on its effective date.

JUSTIFICATION:

A tragic incident on Staten Island occurred that left a seventeen year
old girl dead and her boyfriend critically injured, due to a high
speed race contest. The crash occurred when a group of four friends
driving a Honda Accord got involved in a race with three other
friends, traveling in a Ford Mustang. As the Honda reached speeds as
high as 95 mph, the driver lost control and slammed into the Mustang.
The car smashed into the metal post, slicing the car into, sending
both passengers in the back seat, who were not wearing their
seatbelts, flying into the woods. The girl was killed and the boy was
left critically injured. Studies have concluded that speeding
increases the likelihood and severity of a crash. The faster a vehicle
is moving, the less time the driver has to react to a hazard, and for
other road users to react to that vehicle. A speeding vehicle requires
more time and distance to stop, and is harder to control. Creating
legislation that mandates harsher punishments for speed racing is
crucial to reduce the number of traffic fatalities in New York State,
as well as in the United States.


LEGISLATIVE HISTORY:

2012: S.2938 - Passed Senate
2011: S.2938 - Passed Senate
2010: S.3007 - Reported to Codes/A.8438 - Referred to Transportation
2009: S.3007 - Reported to Codes/A.8438 - Referred to Transportation
2008: S.8020 - Passed Senate

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law, provided that the commissioner of motor
vehicles is immediately authorized and directed to promulgate, amend
and/or repeal any rules and regulations necessary to implement the
provisions of this act on its effective date.