Provides that vehicular crimes committed by a gang shall be deemed to be one category higher than the specified crime committed

BILL NUMBER:S6179

Title of bill

An act to amend the penal law, in relation to vehicular gang activity

Purpose

Provides that vehicular crimes committed by a gang shall be deemed to be one category higher than the specified crime.

Summary of provisions

Defines "vehicular offense" as any misdemeanor or felony committed while operating a motor vehicle.

"Vehicular gang activity" shall mean the commission of any vehicular offense where a person is aided by two or more others persons actually present.

Any person convicted of "vehicular gang activity" which is class C, D, or E felony or misdemeanor shall be deemed to be one category higher than the crime the person committed or attempted or conspired to commit.

Penalties for Class B felonies shall also be increased pursuant to section 70.00, 70.02, 70.04 & 70.06 of this article.

Justification

Assaults on pedestrians and other vehicles by groups of automobiles or motorcycles represent an increased danger to the public and creates a 'group think' mentality that can quickly escalate and put people in danger unnecessarily.

We aim to protect all motorists by stiffening the consequences of those who use their vehicles as weapons to harm others. Vehicular gang activ- ity puts the perpetrators, victims and members of the public in grave danger and must be strictly penalized.

Legislative history

None

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become law.