NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1144
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to reckless
driving; and to amend the penal law, in relation to criminal negligence
involving the use of a motor vehicle
PURPOSE:
This bill provides prosecutors with explicit authority to charge drivers
with criminal negligence homicide involving the use of a motor vehicle.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 1212 of the vehicle and traffic law.
Section two amends the penal law by adding a new section 15.07.
Section three sets forth the effective date.
JUSTIFICATION:
In People v. Eckert (1956), the Court of Appeals of New York ruled that
the conviction of a driver for criminally negligent homicide cannot be
based solely on excessive speed. This precedent created the "rule of
two" standard that barred prosecutors from charging a dangerous or reck-
less driver who caused the death or serious injury to another, with
criminal negligence unless the driver committed two misdemeanors at the
time the accident occurred. Prosecutors therefore cannot charge such
drivers with a more appropriate level of crime.
Each year, roughly 4,000 people are seriously injured and more than 250
people are killed in traffic collisions in New York City. Far too many
families are suffering needlessly as a result of dangerous and reckless
drivers who should not be on the roads.
This bill makes a sensible change to existing law to clarify that prose-
cutors can go after criminally negligent drivers based on evidence where
at least one misdemeanor is committed at the time of the accident.
LEGISLATIVE HISTORY:
2021-22: A.3036 - Referred to Codes
2019-20: A.1381 - Referred to Codes
2017-18: A.3840 - Referred to Codes
2015-16: A.2127-A - Referred to Codes
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1144
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. L. 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:
1 Section 1. Section 1212 of the vehicle and traffic law, as added by
2 chapter 47 of the laws of 1988, is amended to read as follows:
3 § 1212. Reckless driving. Reckless driving shall mean driving or using
4 any motor vehicle, motorcycle or any other vehicle propelled by any
5 power other than muscular power or any appliance or accessory thereof in
6 a manner which (1) unreasonably interferes with the free and proper use
7 of the public highway, or (2) unreasonably endangers users of the public
8 highway, or (3) is reckless within the meaning of section 15.05 of the
9 penal law. [Reckless] All such driving is prohibited. Every person
10 violating this provision shall be guilty of a misdemeanor.
11 § 2. The penal law is amended by adding a new section 15.07 to read as
12 follows:
13 § 15.07 Culpability; criminal negligence involving the use of a motor
14 vehicle.
15 Notwithstanding section 15.05 of this article, a person may be found
16 to have acted with criminal negligence involving the use of a motor
17 vehicle with respect to a homicide, as defined under section 125.10 of
18 this chapter, or an assault, as defined under section 120.00 of this
19 chapter, if it is established that he or she was recklessly driving, as
20 defined under section one thousand two hundred twelve of the vehicle and
21 traffic law.
22 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00974-01-3
