Amd §§1212, 509-e, 510-a, 516-b, 530, 1696, 1699 & 1810, V & T L; amd §§2335 & 3425, Ins L; amd §§120.04-a,
125.14 & 270.25, Pen L; amd §§2408 & 2411, UDCA; amd §19-506, NYC Ad Cd
Redefines reckless driving to be dangerous driving; imposes stronger penalties where physical injury occurs and provides that a driver may be convicted without a showing of multiple violations or an awareness of the risk of harm.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1147
SPONSOR: Quart TITLE OF BILL:
An act to amend the vehicle and traffic law, the insurance law, the
penal law, the uniform district court act, and the administrative code
of the city of New York, in relation to redefining reckless driving as
dangerous driving
PURPOSE OR GENERAL IDEA OF BILL:
To replace the term "reckless driving" with the term "aggressive driv-
ing"
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 1212 of the vehicle and traffic law to replace
the word "reckless" with the word "aggressive."
Section 2 amends section 509-e of the vehicle and traffic law to replace
the word "reckless" with the word "aggressive."
Section 3 amends subparagraph (ii) of paragraph (a) of subdivision 4 of
section 510-a of the vehicle and traffic law to add the word "aggres-
sive."
Section 4 amends paragraph 10 of subdivision c of section 516-b of the
vehicle and traffic law to add the word "aggressive."
Section 5 amends subdivision 2 of section 530 of the vehicle and traffic
law to replace the word "reckless" with the word "aggressive."
Section 6 amends item (B) of subparagraph (i) of paragraph (d) of subdi-
vision 1 of section 1696 of the vehicle and traffic law to replace the
word "reckless" with the word "aggressive."
Section 7 amends subparagraph (i) or paragraph (b) of subdivision 2 of
section 1699 of the vehicle and traffic law to replace the word "reck-
less" with the word "aggressive."
Section 8 amends section 1810 of the vehicle and traffic law to replace
the word "reckless" with the word "aggressive."
Section 9 amends paragraph 3 of subsection (b) of section 2335 of the
insurance law to replace the word "reckless" with the word "aggressive."
Section 10 amends item (v) of subparagraph (A) of paragraph 3 of
subsection (m) of section 3425 of the insurance law to replace the word
"reckless" with the word "aggressive."
Section 11 amends the opening paragraph of section 120.04-a of the penal
law to replace the world "reckless" with the word "aggressive."
Section 12 amends the opening paragraph of section 125.14 of the penal
law to replace the word "reckless" with the word "aggressive."
Section 13 amends section 270.25 of the penal law to replace the word
"reckless" with the word "aggressive."
Section 14 amends subdivision 1 of section 2408 of the uniform district
court act to replace the word "reckless" with the word "aggressive."
Section 15 amends subdivision 1 of section 2411 of the uniform district
court act to replace the word "reckless" with the word "aggressive."
Section 16 amends subdivision 1 of section 19-506 of the administrative
code of the city of New York to replace the word "reckless" with the
word "aggressive."
Section 17 sets the effective date
JUSTIFICATION:
Section 1212 of the vehicle and traffic law was enacted to prohibit
aggressive driving that doesn't fall under other specific statutes.
However, based on case law dating back as far as 1932, judges have
required conduct to meet the standard of criminal recklessness, includ-
ing intent, in order for prosecutors to use this statute. Anyone paying
attention to the scourge of traffic deaths in New York City and across
the state knows that much truly dangerous driver behavior is not
intended to cause harm, but has killed children, adults, pedestrians,
cyclists and other drivers. Even when a driver's conduct doesn't rise to
the standard of criminal recklessness, our local prosecutors ought to be
hold them accountable for their actions. This bill will make clear to
judges and prosecutors alike that aggressive driving is a violation of
New York law, preventing dangerous driving and the ensuing injuries and
deaths.
PRIOR LEGISLATIVE HISTORY:
2019-2020: A8881 referred to Transportation
FISCAL IMPLICATIONS:
None to the state
EFFECTIVE DATE:
Immediately
