Senate Bill S979

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    979
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  ROLISON,  BORRELLO,  HELMING, MATTERA, OBERACKER,
   PALUMBO, RHOADS, WEIK -- read twice  and  ordered  printed,  and  when
   printed to be committed to the Committee on Transportation
 
 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 ARTICLE 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 IS SUSPENDED, REVOKED OR OTHERWISE WITHDRAWN FROM THE COMMISSIONER;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
 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.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01595-01-5
 S. 979                              2
 
   §  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] SUCH PEACE OFFICER'S special duties, or police offi-
 cer, 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 SECTION TWELVE HUNDRED TWELVE-A of
 this [article] 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
 SECTION  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  subdivision,  such  intervenor  knowingly and unlawfully benefited
 from the commission of such violation when [he or she]  SUCH  INTERVENOR
 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  seven-
 teen of section 10.00 of the penal law.
   § 3. This act shall take effect immediately.