NY State Senate Bill 2023-S7717A

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 01, 2024	print number 7717a
Feb 01, 2024	amend and recommit to transportation
Jan 03, 2024	referred to transportation
Oct 18, 2023	referred to rules

Bill Amendments

Original

A (Active)

2023-S7717 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1212-a, amd §511-c, V & T L

2023-S7717 - Summary

Establishes the offense of aggravated reckless driving and allows for the seizure and forfeiture of vehicles used in connection with reckless driving or aggravated reckless driving.

2023-S7717 - Sponsor Memo

                                 
BILL NUMBER: S7717

SPONSOR: ROLISON
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to establishing
the offense of aggravated reckless driving

 
PURPOSE:

To establish the offense of aggravated reckless driving and to allow the
seizure and forfeiture of vehicles that drive recklessly.

 
SUMMARY OF PROVISIONS:

Section 1 amends the vehicle and traffic law by Adding a new section.

§ 1212-a Aggravated Reckless Driving. 1. A person is guilty of the
offense of aggravated reckless driving when such person commits the
offense of reckless :driving as defined section:twelve hundred twelve.
of this chapter and

(a) has previously been convicted of reckless driving within the preced-
ing eighteen months;

(b) knows or has reason to know that such person's license or privilege
of operating a motor vehicle in this state or privilege of obtaining a
license to operate such motor vehicle issued by the commissioner is
suspended, revoked or otherwise withdrawn from the commissioner;

(c) in the course of operating a motor vehicle, Causes physical injury
another person;

(d) commits three separate violations of any of the offenses contained
in this title in the course of operating a motor vehicle on a public
highway;

(e) ,operates a motor vehicle that such person knows or should reason-
ably know is unregistered or uninsured.

2. Every person violating this statute shall be guilty of a class E
felony.

Section 2 amends subdivisions five and subdivisions six and eight of
section 511-c of the vehicle and traffic law to include the seizure and
forfeiture of vehicles used in reckless driving under certain circum-
stances.

6. Where a demand for the return of a motor vehicle is not made within
ninety days after the termination of the criminal proceeding founded
upon the charge of aggravated unlicensed operation of a motor vehicle in
the first degree, reckless driving or aggravated reckless driving, such
motor vehicle shall be deemed abandoned.

Section 3 states the effective date.

 
JUSTIFICATION:


Many communities across the state have created local laws and increased
penalties to deal with the influx of individuals driving recklessly on
motorbikes and endangering the safety of others.(1, 2, 3)

This legislation establishes the offense of aggravated reckless driving
to target repeat offenders, hold those who are breaking the law account-
able and make the road8 safer for everyone.

The legislation also expands the seizure and forfeiture of vehicles to
those driving recklessly as another measure to deal with drivers who
repeatedly ignore and violate the law.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None..

 
EFFECTIVE DATE:
This act shall take effect immediately.
1. https://midhudsonnews.com/2023/03/27/illegal-motorcycles-begin-
racing-in-parking-garage-video/
2. https://www.wamc.org/capital-region-news/2021-04.08/ albany-adopts-
new-law-tolet- dirt-bikes-atvs-off- city-streets
3. https://spectrumlocalnews.com/ nys/buffalo/news/
2023/05/30/officials--300-illegal- atvs-dirt-bikes-seized-in
buffalo-since-2021

2023-S7717 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7717
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 18, 2023
                                ___________
 
 Introduced  by  Sen. ROLISON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   the offense of aggravated reckless driving
 
   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 a new
 section 1212-a to read as follows:
   § 1212-A. AGGRAVATED RECKLESS DRIVING. 1. A PERSON IS  GUILTY  OF  THE
 OFFENSE  OF  AGGRAVATED  RECKLESS  DRIVING  WHEN SUCH PERSON COMMITS THE
 OFFENSE OF RECKLESS DRIVING AS DEFINED IN SECTION TWELVE HUNDRED  TWELVE
 OF THIS CHAPTER AND:
   (A)  HAS  PREVIOUSLY  BEEN  CONVICTED  OF  RECKLESS DRIVING WITHIN THE
 PRECEDING EIGHTEEN MONTHS;
   (B) KNOWS OR HAS REASON TO KNOW THAT SUCH PERSON'S LICENSE  OR  PRIVI-
 LEGE  OF OPERATING A MOTOR VEHICLE IN THIS STATE OR PRIVILEGE OF OBTAIN-
 ING A LICENSE TO OPERATE SUCH MOTOR VEHICLE ISSUED BY  THE  COMMISSIONER
 IS SUSPENDED, REVOKED OR OTHERWISE WITHDRAWN FROM THE COMMISSIONER;
   (C) IN THE COURSE OF OPERATING A MOTOR VEHICLE, CAUSES PHYSICAL INJURY
 TO ANOTHER PERSON;
   (D) COMMITS THREE SEPARATE VIOLATIONS OF ANY OF THE OFFENSES CONTAINED
 IN  THIS  TITLE  IN  THE COURSE OF OPERATING A MOTOR VEHICLE ON A PUBLIC
 HIGHWAY; OR
   (E) OPERATES A MOTOR VEHICLE THAT SUCH PERSON KNOWS OR SHOULD  REASON-
 ABLY KNOW IS UNREGISTERED OR UNINSURED.
   2.  EVERY  PERSON  VIOLATING THIS STATUTE SHALL BE GUILTY OF A CLASS E
 FELONY.
   § 2. The section heading, subdivision two, subparagraph (ii) of  para-
 graph (a) of subdivision five, and subdivisions six and eight of section
 511-c  of  the  vehicle  and traffic law, as added by chapter 607 of the
 laws of 1993, are amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13190-01-3

 S. 7717                             2
 
   Seizure and forfeiture of vehicles used in the unlicensed operation of
 a motor vehicle AND RECKLESS DRIVING under certain circumstances.
   2.  Any  motor vehicle which has been or is being used in violation of
 paragraph (a) of subdivision  three  of  section  five  hundred  eleven,
 SECTION  TWELVE  HUNDRED  TWELVE,  OR SECTION TWELVE HUNDRED TWELVE-A of
 this [article] CHAPTER may be seized by any peace officer, acting pursu-
 ant to his or her special duties, or police officer,  and  forfeited  as
 hereinafter provided in this section.
   (ii)  The  person  seeking  to  claim  the motor vehicle has furnished
 satisfactory evidence of registration and financial security and, if the
 person was the operator of the vehicle at the time of the  violation  of
 paragraph  (a)  of  subdivision  three  of  section five hundred eleven,
 SECTION TWELVE HUNDRED TWELVE, OR TWELVE HUNDRED TWELVE-A of this [arti-
 cle]CHAPTER, satisfactory evidence of payment of any fines or  penalties
 imposed in connection therewith; and
   6. Where a demand for the return of a motor vehicle is not made within
 ninety  days  after  the  termination of the criminal proceeding founded
 upon the charge of aggravated unlicensed operation of a motor vehicle in
 the first degree, RECKLESS DRIVING, OR AGGRAVATED RECKLESS DRIVING, such
 motor vehicle shall be deemed to be abandoned.  Such  vehicle  shall  be
 disposed  of  by  the  county, cities of New York, Yonkers, Rochester or
 Buffalo or the state, as applicable, in accordance with  section  twelve
 hundred twenty-four of this chapter or as otherwise provided by law.
   8.  Any  owner  who receives notice of the institution of a forfeiture
 action who claims an interest in the motor vehicle subject to forfeiture
 shall assert a claim for the recovery of the motor vehicle or  satisfac-
 tion of the owner's interest in such motor vehicle by intervening in the
 forfeiture  action  in  accordance  with  subdivision (a) of section one
 thousand twelve of the civil practice law and rules. Any person  with  a
 security interest in such vehicle who receives notice of the institution
 of  the  forfeiture  action shall assert a claim for the satisfaction of
 such person's security interest in such vehicle by  intervening  in  the
 forfeiture  action  in  accordance  with  subdivision (a) of section one
 thousand twelve of the civil practice law and  rules.    If  the  action
 relates  to  a vehicle in which a person holding a security interest has
 intervened pursuant to this subdivision, the burden shall  be  upon  the
 designated  official to prove by clear and convincing evidence that such
 intervenor knew that such vehicle was or would be used for  the  commis-
 sion of a violation of subparagraph (ii) of paragraph (a) of subdivision
 three  of section five hundred eleven, SECTION TWELVE HUNDRED TWELVE, OR
 TWELVE HUNDRED TWELVE-A of [the vehicle and traffic  law]  THIS  CHAPTER
 and  either (a) knowingly and unlawfully benefitted from such conduct or
 (b) voluntarily agreed to the use of the vehicle for the  commission  of
 such  violation  by  consent freely given. For purposes of this subdivi-
 sion, such  intervenor  knowingly  and  unlawfully  benefited  from  the
 commission  of  such  violation  when  he or she derived in exchange for
 permitting the use of such vehicle by a  person  or  persons  committing
 such  specified violation a substantial benefit that would otherwise not
 have accrued as a result of the lawful use of  such  vehicle.  "Benefit"
 means  benefit  as  defined in subdivision seventeen of section 10.00 of
 the penal law.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S7717A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1212-a, amd §511-c, V & T L

2023-S7717A (ACTIVE) - Summary

Establishes the offense of aggravated reckless driving and allows for the seizure and forfeiture of vehicles used in connection with reckless driving or aggravated reckless driving.

2023-S7717A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7717A

SPONSOR: ROLISON
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to establishing
the offense of aggravated reckless driving

 
PURPOSE::

To establish the offense of aggravated reckless driving and to allow the
seizure and forfeiture of vehicles that drive recklessly.

 
SUMMARY OF PROVISIONS::

Section 1 amends the vehicle and traffic law by adding a new section.

§ 1212-a Aggravated Reckless Driving. 1. A person is guilty of the
offense of aggravated reckless driving when such person commits the
offense of reckless driving as defined section twelve hundred twelve of
this chapter and:

(a) has previously been convicted of reckless driving within the preced-
ing eighteen months;

(b) knows or has reason to know that such person's license or privilege
of operating a motor vehicle in this state or privilege of obtaining a
license to operate such motor vehicle issued by the commissioner is
suspended, revoked or otherwise withdrawn from the commissioner;

(c) in the course of operating a motor vehicle, causes physical injury
to another person;

(d) commits three separate violations of any of the offenses contained
in this title in the course of operating a motor vehicle on a public
highway;

(e) operates a motor vehicle that such person knows or should reasonably
know is unregistered or uninsured.

2. Every person violating this statute shall be guilty of a class E
felony; provided that this section shall not apply where the motor vehi-
cle is a rental vehicle or owned by a rental vehicle company.

Section 2 amends subdivisions five and subdivisions six and eight of
section 511-c of the vehicle and traffic law to include the seizure and
forfeiture of vehicles used in reckless driving under certain circum-
stances.

6. Where a demand for the return of a motor vehicle is not made within
ninety days after the termination of the criminal proceeding founded
upon the charge of aggravated unlicensed operation of a motor vehicle in
the first degree, reckless driving or aggravated reckless driving, such
motor vehicle shall be deemed abandoned.

Section 3 states the effective date.

 
JUSTIFICATION::

Many communities across the state have created local laws and increased
penalties to deal with the influx of individuals driving recklessly on
motorbikes and endangering the safety of others.i,ii,ill

This legislation establishes the offense of aggravated reckless driving
to target repeat offenders, hold those who are breaking the law account-
able and make the roads safer for everyone.

The legislation also expands the seizure and forfeiture of vehicles to
those driving recklessly as another measure to deal with drivers who
repeatedly ignore and violate the law.

 
LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::

This act shall take effect immediately.

i https://midhudsonnews.com/2023/03/27/illegal -motorcycles-begin-rac-
ing-in- parking-garage-video/

ii https://www.wa mc.org/capital-region-news/2021-04-08/albany- adopts-
new-law-to-get- dirt-bikes-atvs-off-citystreets iii
https://spectrumlocalnews.cominysibuffaloinews/2023/05/30/officials-
300-illegal-atvs-dirt-bikes-seized-inbuffalo-since-2021

2023-S7717A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7717--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 18, 2023
                                ___________
 
 Introduced by Sen. ROLISON Sen. ROLISON -- read twice and ordered print-
   ed,  and  when  printed  to  be committed to the Committee on Rules --
   recommitted to the Committee  on  Transportation  in  accordance  with
   Senate  Rule  6, sec. 8 -- 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 establishing
   the offense of aggravated reckless driving
 
   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 a new
 section 1212-a to read as follows:
   § 1212-A. AGGRAVATED RECKLESS DRIVING. 1. A PERSON IS  GUILTY  OF  THE
 OFFENSE  OF  AGGRAVATED  RECKLESS  DRIVING  WHEN SUCH PERSON COMMITS THE
 OFFENSE OF RECKLESS DRIVING AS DEFINED IN SECTION TWELVE HUNDRED  TWELVE
 OF THIS CHAPTER AND:
   (A)  HAS  PREVIOUSLY  BEEN  CONVICTED  OF  RECKLESS DRIVING WITHIN THE
 PRECEDING EIGHTEEN MONTHS;
   (B) KNOWS OR HAS REASON TO KNOW THAT SUCH PERSON'S LICENSE  OR  PRIVI-
 LEGE  OF OPERATING A MOTOR VEHICLE IN THIS STATE OR PRIVILEGE OF OBTAIN-
 ING A LICENSE TO OPERATE SUCH MOTOR VEHICLE ISSUED BY  THE  COMMISSIONER
 IS SUSPENDED, REVOKED OR OTHERWISE WITHDRAWN FROM THE COMMISSIONER;
   (C) IN THE COURSE OF OPERATING A MOTOR VEHICLE, CAUSES PHYSICAL INJURY
 TO ANOTHER PERSON;
   (D) COMMITS THREE SEPARATE VIOLATIONS OF ANY OF THE OFFENSES CONTAINED
 IN  THIS  TITLE  IN  THE COURSE OF OPERATING A MOTOR VEHICLE ON A PUBLIC
 HIGHWAY; OR
   (E) OPERATES A MOTOR VEHICLE THAT SUCH PERSON KNOWS OR SHOULD  REASON-
 ABLY KNOW IS UNREGISTERED OR UNINSURED.
   2.  EVERY  PERSON  VIOLATING THIS STATUTE SHALL BE GUILTY OF A CLASS E
 FELONY; PROVIDED THAT THIS SECTION SHALL NOT APPLY WHERE THE MOTOR VEHI-
 CLE OPERATED IN VIOLATION OF THIS  SECTION  OR  SECTION  TWELVE  HUNDRED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13190-02-4

 S. 7717--A                          2
 
 TWELVE  OF  THIS ARTICLE IS A RENTAL VEHICLE AS DEFINED IN PARAGRAPH (K)
 OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-SIX-Z OF THE  GENERAL
 BUSINESS  LAW  OR  IS  OWNED  BY A RENTAL VEHICLE COMPANY, AS DEFINED IN
 PARAGRAPH (C) OF SUBDIVISION ONE OF SUCH SECTION.
   §  2.  The  section heading, subdivision 2, subparagraph (ii) of para-
 graph (a) of subdivision 5, and subdivisions 6 and 8 of section 511-c of
 the vehicle and traffic law, as added by chapter  607  of  the  laws  of
 1993, are amended to read as follows:
   Seizure and forfeiture of vehicles used in the unlicensed operation of
 a motor vehicle AND RECKLESS DRIVING under certain circumstances.
   2.  Any  motor vehicle which has been or is being used in violation of
 paragraph (a) of subdivision  three  of  section  five  hundred  eleven,
 SECTION  TWELVE  HUNDRED  TWELVE,  OR SECTION TWELVE HUNDRED TWELVE-A of
 this [article] CHAPTER may be seized by any peace officer, acting pursu-
 ant to his or her special duties, or police officer,  and  forfeited  as
 hereinafter provided in this section.
   (ii)  The  person  seeking  to  claim  the motor vehicle has furnished
 satisfactory evidence of registration and financial security and, if the
 person was the operator of the vehicle at the time of the  violation  of
 paragraph  (a)  of  subdivision  three  of  section five hundred eleven,
 SECTION TWELVE HUNDRED TWELVE, OR TWELVE HUNDRED TWELVE-A of this [arti-
 cle] CHAPTER, satisfactory evidence of payment of any fines or penalties
 imposed in connection therewith; and
   6. Where a demand for the return of a motor vehicle is not made within
 ninety days after the termination of  the  criminal  proceeding  founded
 upon the charge of aggravated unlicensed operation of a motor vehicle in
 the first degree, RECKLESS DRIVING, OR AGGRAVATED RECKLESS DRIVING, such
 motor  vehicle  shall  be  deemed to be abandoned. Such vehicle shall be
 disposed of by the county, cities of New  York,  Yonkers,  Rochester  or
 Buffalo  or  the state, as applicable, in accordance with section twelve
 hundred twenty-four of this chapter or as otherwise provided by law.
   8. Any owner who receives notice of the institution  of  a  forfeiture
 action who claims an interest in the motor vehicle subject to forfeiture
 shall  assert a claim for the recovery of the motor vehicle or satisfac-
 tion of the owner's interest in such motor vehicle by intervening in the
 forfeiture action in accordance with  subdivision  (a)  of  section  one
 thousand  twelve  of the civil practice law and rules. Any person with a
 security interest in such vehicle who receives notice of the institution
 of the forfeiture action shall assert a claim for  the  satisfaction  of
 such  person's  security  interest in such vehicle by intervening in the
 forfeiture action in accordance with  subdivision  (a)  of  section  one
 thousand  twelve  of  the  civil practice law and rules.   If the action
 relates to a vehicle in which a person holding a security  interest  has
 intervened  pursuant  to  this subdivision, the burden shall be upon the
 designated official to prove by clear and convincing evidence that  such
 intervenor  knew  that such vehicle was or would be used for the commis-
 sion of a violation of subparagraph (ii) of paragraph (a) of subdivision
 three of section five hundred eleven, SECTION TWELVE HUNDRED TWELVE,  OR
 TWELVE  HUNDRED  TWELVE-A  of [the vehicle and traffic law] THIS CHAPTER
 and either (a) knowingly and unlawfully benefitted from such conduct  or
 (b)  voluntarily  agreed to the use of the vehicle for the commission of
 such violation by consent freely given. For purposes  of  this  subdivi-
 sion,  such  intervenor  knowingly  and  unlawfully  benefited  from the
 commission of such violation when he or  she  derived  in  exchange  for
 permitting  the  use  of  such vehicle by a person or persons committing
 such specified violation a substantial benefit that would otherwise  not
 S. 7717--A                          3
 
 have  accrued  as  a result of the lawful use of such vehicle. "Benefit"
 means benefit as defined in subdivision seventeen of  section  10.00  of
 the penal law.
   § 3. This act shall take effect immediately.

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Senate Bill S7717A

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

Bill Amendments

2023-S7717 - Details

2023-S7717 - Summary

2023-S7717 - Sponsor Memo

2023-S7717 - Bill Text download pdf

co-Sponsors

2023-S7717A (ACTIVE) - Details

2023-S7717A (ACTIVE) - Summary

2023-S7717A (ACTIVE) - Sponsor Memo

2023-S7717A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7717A

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

Bill Amendments

2023-S7717 - Details

2023-S7717 - Summary

2023-S7717 - Sponsor Memo

2023-S7717 - Bill Text download pdf

co-Sponsors

2023-S7717A (ACTIVE) - Details

2023-S7717A (ACTIVE) - Summary

2023-S7717A (ACTIVE) - Sponsor Memo

2023-S7717A (ACTIVE) - Bill Text download pdf

Comments