What's happening
This bill creates new felony and misdemeanor offenses for dangerous driving, with penalties increasing based on prior violations and harm caused.
Why it matters
Targets repeat offenders and suspended drivers. The bill creates escalating penalties for people who continue to drive after multiple traffic violations or with numerous license suspensions, aiming to deter chronic dangerous driving behavior.
Links consequences to harm caused. Penalties increase not only with the number of prior offenses or suspensions but also with the severity of the outcome (physical injury, serious injury, or death), signaling a direct legal response to the real-world impact of dangerous driving.
Closes gaps in current law. By introducing new criminal offenses (from misdemeanor to felony), the legislation addresses situations where existing vehicle and traffic laws may not provide sufficient consequences for repeat or egregious violators who cause harm.
Potential for significant life impacts. Individuals convicted under these new offenses could face serious criminal records and incarceration, especially in cases resulting in serious injury or death, which could serve as a strong deterrent but also raises issues around proportionality and criminal justice.
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Who cares
Headline styles
Create Dangerous Driving Crimes
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Create Dangerous Driving Crimes
In Senate Committee · Rules · Sponsor Andrew J. Lanza
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3588
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. CUSICK, LENTOL, GALEF, TITONE -- read once and referred to the Committee on Codes
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
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 five new sections 120.71, 120.72, 120.73, 120.74 and 120.75 to read as follows: § 120.71 Dangerous driving in the fifth degree.
A person is guilty of dangerous driving in the fifth degree, when he or she, having been convicted within the preceding eighteen months of any two violations of section five hundred nine, five hundred eleven, six hundred, eleven hundred eighty-two, eleven hundred ninety-two, eleven hundred ninety-two-a or twelve hundred twelve of the vehicle and traffic law, operates a motor vehicle in violation of any of such sections of the vehicle and traffic law, and in doing so causes physical injury to another person.
Dangerous driving in the fifth degree is a class A misdemeanor. § 120.72 Dangerous driving in the fourth degree.
A person is guilty of dangerous driving in the fourth degree, when he or she, knowingly has in effect three or more suspensions, imposed on at least three separate dates for failure to answer, appear, or pay a fine pursuant to subdivision three of section two hundred twenty-six of the vehicle and traffic law or paragraph a of subdivision four of section five hundred ten of the vehicle and traffic law and while operating a motor vehicle causes physical injury to another person.
Dangerous driving in the fourth degree is a class E felony. § 120.73 Dangerous driving in the third degree.
A person is guilty of dangerous driving in the third degree, when he or she, (a) knowingly has in effect ten or more suspensions, imposed on
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00467-01-7
A. 3588 2
at least ten separate dates for failure to answer, appear, or pay a fine pursuant to subdivision three of section two hundred twenty-six of the vehicle and traffic law or paragraph a of subdivision four of section five hundred ten of the vehicle and traffic law and while operating a motor vehicle causes physical injury to another person; (b) having been convicted within the preceding eighteen months of any two violations of section five hundred nine, five hundred eleven, six hundred, eleven hundred eighty-two, eleven hundred ninety-two, eleven hundred ninetytwo-a, or twelve hundred twelve of the vehicle and traffic law, operates a motor vehicle in violation of any such sections of the vehicle and traffic law, and in doing so causes serious physical injury to another person; or (c) when he or she, knowingly has in effect three or more suspensions, imposed on at least three separate dates for failure to answer, appear, or pay a fine pursuant to subdivision three of section two hundred twenty-six of the vehicle and traffic law or paragraph a of subdivision four of section five hundred ten of the vehicle and traffic law and while operating a motor vehicle causes serious physical injury to another person.
Dangerous driving in the third degree is a class D felony. § 120.74 Dangerous driving in the second degree.
A person is guilty of dangerous driving in the second degree, when he or she, (a) knowingly has in effect ten or more suspensions, imposed on at least ten separate dates for failure to answer, appear, or pay a fine pursuant to subdivision three of section two hundred twenty-six of the vehicle and traffic law or paragraph a of subdivision four of section five hundred ten of the vehicle and traffic law and while operating a motor vehicle causes serious physical injury to another person; or (b) having been convicted within the preceding eighteen months of any two violations of section five hundred nine, five hundred eleven, six hundred, eleven hundred eighty-two, eleven hundred ninety-two, eleven hundred ninety-two-a, or twelve hundred twelve of the vehicle and traffic law, he or she operates a motor vehicle in violation of any of such sections of the vehicle and traffic law, and in doing so causes the death of another person.
Dangerous driving in the second degree is a class C felony. § 120.75 Dangerous driving in the first degree.
A person is guilty of dangerous driving in the first degree, when he or she, knowingly has in effect ten or more suspensions, imposed on at least ten separate dates for failure to answer, appear, or pay a fine pursuant to subdivision three of section two hundred twenty-six of the vehicle and traffic law or paragraph a of subdivision four of section five hundred ten of the vehicle and traffic law and while operating a motor vehicle causes the death of another person.
Dangerous driving in the first degree is a class B felony.
§ 2. 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.