S T A T E O F N E W Y O R K
________________________________________________________________________
4594
2017-2018 Regular Sessions
I N A S S E M B L Y
February 3, 2017
___________
Introduced by M. of A. LENTOL, MURRAY -- read once and referred to the
Committee on Transportation
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:
§ 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
SECTION ELEVEN HUNDRED NINETY-THREE OF THIS CHAPTER OR RELATING TO THE
OPERATION OF A MOTOR VEHICLE DUE TO AN UNDERLYING OFFENSE THAT WOULD
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03708-01-7
A. 4594 2
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.
§ 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.
§ 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:
A. 4594 3
(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).
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.