Senate Bill S5411

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5411
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to  creating  the  crimes  of
   dangerous  driving  in  the  fifth,  fourth,  third,  second and first
   degrees

   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 five new sections
 120.71, 120.72, 120.73, 120.74 and 120.75 to read as follows:
 § 120.71 DANGEROUS DRIVING IN THE FIFTH DEGREE.
   A PERSON IS GUILTY OF DANGEROUS DRIVING IN THE FIFTH DEGREE, WHEN SUCH
 PERSON, HAVING BEEN CONVICTED WITHIN THE PRECEDING  EIGHTEEN  MONTHS  OF
 ANY  TWO  VIOLATIONS  OF SECTION FIVE HUNDRED NINE, FIVE HUNDRED ELEVEN,
 SIX HUNDRED, ELEVEN HUNDRED EIGHTY-TWO, ELEVEN HUNDRED NINETY-TWO, ELEV-
 EN HUNDRED NINETY-TWO-A OR TWELVE HUNDRED  TWELVE  OF  THE  VEHICLE  AND
 TRAFFIC  LAW,  OPERATES  A  MOTOR  VEHICLE  IN  VIOLATION OF ANY OF SUCH
 SECTIONS OF THE VEHICLE AND TRAFFIC LAW, AND IN DOING SO CAUSES PHYSICAL
 INJURY TO ANOTHER PERSON.
   DANGEROUS DRIVING IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
 § 120.72 DANGEROUS DRIVING IN THE FOURTH DEGREE.
   A PERSON IS GUILTY OF DANGEROUS DRIVING IN  THE  FOURTH  DEGREE,  WHEN
 SUCH  PERSON, KNOWINGLY HAS IN EFFECT THREE OR MORE SUSPENSIONS, IMPOSED
 ON AT LEAST THREE SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR PAY A
 FINE PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX  OF
 THE  VEHICLE  AND  TRAFFIC  LAW  OR  PARAGRAPH  A OF SUBDIVISION FOUR OF
 SECTION FIVE HUNDRED TEN OF THE VEHICLE AND TRAFFIC LAW AND WHILE  OPER-
 ATING A MOTOR VEHICLE CAUSES PHYSICAL INJURY TO ANOTHER PERSON.
   DANGEROUS DRIVING IN THE FOURTH DEGREE IS A CLASS E FELONY.
 § 120.73 DANGEROUS DRIVING IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF DANGEROUS DRIVING IN THE THIRD DEGREE, WHEN SUCH
 PERSON,  (A) KNOWINGLY HAS IN EFFECT TEN OR MORE SUSPENSIONS, IMPOSED ON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08995-01-5
              

 S. 5411                             2
 
 AT LEAST TEN SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR PAY A FINE
 PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX  OF  THE
 VEHICLE  AND  TRAFFIC  LAW OR PARAGRAPH A OF SUBDIVISION FOUR OF SECTION
 FIVE  HUNDRED  TEN  OF THE VEHICLE AND TRAFFIC LAW AND WHILE OPERATING A
 MOTOR VEHICLE CAUSES PHYSICAL INJURY TO ANOTHER PERSON; (B) HAVING  BEEN
 CONVICTED  WITHIN THE PRECEDING EIGHTEEN MONTHS OF ANY TWO VIOLATIONS OF
 SECTION FIVE HUNDRED NINE, FIVE  HUNDRED  ELEVEN,  SIX  HUNDRED,  ELEVEN
 HUNDRED  EIGHTY-TWO,  ELEVEN  HUNDRED NINETY-TWO, ELEVEN HUNDRED NINETY-
 TWO-A, OR TWELVE HUNDRED TWELVE OF THE VEHICLE AND TRAFFIC LAW, OPERATES
 A MOTOR VEHICLE IN VIOLATION OF ANY SUCH SECTIONS  OF  THE  VEHICLE  AND
 TRAFFIC  LAW,  AND IN DOING SO CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER
 PERSON; OR (C) WHEN SUCH PERSON, KNOWINGLY HAS IN EFFECT THREE  OR  MORE
 SUSPENSIONS,  IMPOSED  ON  AT  LEAST THREE SEPARATE DATES FOR FAILURE TO
 ANSWER, APPEAR, OR PAY A FINE PURSUANT TO SUBDIVISION THREE  OF  SECTION
 TWO  HUNDRED TWENTY-SIX OF THE VEHICLE AND TRAFFIC LAW OR PARAGRAPH A OF
 SUBDIVISION FOUR OF SECTION FIVE HUNDRED TEN OF THE VEHICLE AND  TRAFFIC
 LAW  AND  WHILE OPERATING A MOTOR VEHICLE CAUSES SERIOUS PHYSICAL INJURY
 TO ANOTHER PERSON.
   DANGEROUS DRIVING IN THE THIRD DEGREE IS A CLASS D FELONY.
 § 120.74 DANGEROUS DRIVING IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF DANGEROUS DRIVING IN  THE  SECOND  DEGREE,  WHEN
 SUCH  PERSON,  (A)  KNOWINGLY  HAS  IN  EFFECT  TEN OR MORE SUSPENSIONS,
 IMPOSED ON AT LEAST TEN SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR
 PAY A FINE PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED  TWENTY-
 SIX OF THE VEHICLE AND TRAFFIC LAW OR PARAGRAPH A OF SUBDIVISION FOUR OF
 SECTION  FIVE HUNDRED TEN OF THE VEHICLE AND TRAFFIC LAW AND WHILE OPER-
 ATING A MOTOR VEHICLE CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER  PERSON;
 OR (B) HAVING BEEN CONVICTED WITHIN THE PRECEDING EIGHTEEN MONTHS OF ANY
 TWO  VIOLATIONS  OF  SECTION FIVE HUNDRED NINE, FIVE HUNDRED ELEVEN, SIX
 HUNDRED, ELEVEN HUNDRED EIGHTY-TWO, ELEVEN  HUNDRED  NINETY-TWO,  ELEVEN
 HUNDRED  NINETY-TWO-A, OR TWELVE HUNDRED TWELVE OF THE VEHICLE AND TRAF-
 FIC LAW, SUCH PERSON OPERATES A MOTOR VEHICLE IN  VIOLATION  OF  ANY  OF
 SUCH SECTIONS OF THE VEHICLE AND TRAFFIC LAW, AND IN DOING SO CAUSES THE
 DEATH OF ANOTHER PERSON.
   DANGEROUS DRIVING IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 120.75 DANGEROUS DRIVING IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF DANGEROUS DRIVING IN THE FIRST DEGREE, WHEN SUCH
 PERSON,  KNOWINGLY  HAS IN EFFECT TEN OR MORE SUSPENSIONS, IMPOSED ON AT
 LEAST TEN SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR  PAY  A  FINE
 PURSUANT  TO  SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX OF THE
 VEHICLE AND TRAFFIC LAW OR PARAGRAPH A OF SUBDIVISION  FOUR  OF  SECTION
 FIVE  HUNDRED  TEN  OF THE VEHICLE AND TRAFFIC LAW AND WHILE OPERATING A
 MOTOR VEHICLE CAUSES THE DEATH OF ANOTHER PERSON.
   DANGEROUS DRIVING IN THE FIRST DEGREE IS A CLASS B FELONY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.