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