What's happening
This bill creates the crime of aggressive driving as a class E felony and sets a minimum one-year sentence for convictions.
Why it matters
Expands criminal liability. The bill introduces a new felony offense for aggressive driving, targeting behaviors such as reckless driving that risks serious injury, brandishing weapons (or even objects appearing to be firearms) while driving, or driving in a way that intentionally causes others to fear injury or death. This broadens the scope of criminal prosecution for dangerous conduct on roadways.
Addresses intimidation and road rage. By including actions like displaying (or simulating) deadly weapons to instill fear, the bill specifically targets escalating forms of road rage and intimidation that may not currently be prosecuted as felonies, aiming to deter such provocative or threatening behavior.
Removes sentencing flexibility. The new law eliminates judicial discretion to impose sentences below one year for aggressive driving convictions, mandating a minimum one-year term. This could lead to more consistent—and potentially harsher—punishments for offenders, which may impact plea bargaining and prison populations.
Potential for increased deterrence and legal consequences. By elevating certain dangerous driving behaviors to felony status, the bill may serve as a stronger deterrent against aggressive driving, while also carrying significant long-term consequences for those convicted, such as loss of civil rights, employment barriers, and immigration consequences.
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Who cares
Headline styles
Felony for Aggressive Driving
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Held for consideration in codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2202
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. MONTESANO, RAIA, HAWLEY -- Multi-Sponsored by -- M. of A. McKEVITT -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the crime of aggressive driving
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 120.65 to read as follows: § 120.65 Aggressive driving.
A person is guilty of aggressive driving when he or she:
1. Recklessly operates a motor vehicle on a public highway in a manner that creates a substantial risk of serious physical injury to another person; or
2. Operates a motor vehicle on a public highway while displaying a deadly weapon or a dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm, in such manner as to place another person in reasonable fear of physical injury, serious physical injury or death; or
3. Operates a motor vehicle on a public highway in such manner as to place another person in reasonable fear of physical injury, serious physical injury or death.
Aggressive driving is a class E felony.
§ 2. Subdivision 4 of section 70.00 of the penal law, as amended by chapter 738 of the laws of 2004, is amended to read as follows:
4. Alternative definite sentence for class D and E felonies. When a person, other than a second or persistent felony offender, is sentenced for a class D or class E felony, and the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose an indeterminate or determinate sentence, the court may impose a definite sentence of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06088-01-7
A. 2202 2
imprisonment and fix a term of one year or less, provided, however, that the court must fix a minimum term of at least one year when the sentence is for a conviction of the class E felony offense of aggressive driving.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.