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History
- Referred to codes
- Referred to codes
Companion bill
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Creates the crimes of dangerous driving in the fifth, fourth, third, second and first degrees
In Assembly Committee · Codes · Sponsor Michael Cusick
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5097
Title of bill
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
Purpose or general idea of bill
Amends the Penal Law to impose criminal liability on drivers who continue to operate motor vehicles in violation of the vehicle and traffic law and cause injury as a result.
Summary of specific provisions
Amends the Penal Law to create crimes of Dangerous Driving, by adding new provisions which impose criminal liability on drivers who continue to operate motor vehicles in an unsafe manner or with suspended licenses. If a motorist has been convicted of two violations of the Vehicle and Traffic Law and has an accident that causes physical injury or death while operating a vehicle in violation of law, that driver would be guilty of a separate criminal offense and subject to criminal liability. The penalties range from one year to twenty five years depending on the severity of the injury.
Justification
Drivers who continue to operate motor vehicles in an unsafe manner should not be able to escape criminal liability for causing "accidents" which injure innocent drivers or pedestrians. A person who has prior convictions for unsafe driving should not continue to drive in a manner that is dangerous to others. These dangerous drivers who cause injury to others in what is incorrectly deemed an "accident" should face criminal prosecution for continually flaunting the rules of the road. Also, drivers who operate motor vehicles with a suspended license or no license must be prosecuted if they cause injury to others. A license to drive is a privilege and not a license to kill or injure. Those who flagrantly violate the Vehicle and Traffic Law must be held accountable for the injuries they cause. This legislation sends a clear message that we will no longer permit dangerous drivers to escape responsibility for their misconduct by incorrectly calling it an "accident."
Prior legislative history
2009-2010: A.2589 - Died in Transportation; 2008: A.2649-A - Died in Codes/S.5584- Passed Senate; 2007: A.2649-A/S,5584-A - Remained in Codes: 2005-2006: A.7885/S.5333 - Died in Codes; 2004: A.10542 - Died in Codes.
Fiscal implications
None.
Effective date
1st of November next succeeding that date on which it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.