What's happening
This bill expands the definition of reckless driving and allows criminal negligence charges for homicides or assaults caused by reckless driving.
Why it matters
Expands the legal definition of reckless driving. to include not only actions that endanger or unreasonably interfere with public highway use, but also any driving considered "reckless" under the broader definition used in criminal law (Penal Law section 15.05). This means more behaviors could now qualify as reckless driving.
Bridges traffic and criminal law. by allowing someone to be charged with criminal negligence (a criminal standard) if their reckless driving leads to a homicide or assault. Previously, it could be harder to prove criminal negligence in such cases; this change lowers the threshold when reckless driving is involved.
Increases accountability for drivers. by making it easier for prosecutors to pursue criminal charges against drivers whose reckless actions result in serious injury or death, potentially leading to more convictions and stricter penalties in cases of dangerous driving.
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Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1381
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Codes
AN ACT to amend the vehicle and traffic law, in relation to reckless driving; and to amend the penal law, in relation to criminal negligence involving the use of a motor vehicle
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1212 of the vehicle and traffic law, as added by chapter 47 of the laws of 1988, is amended to read as follows:
§ 1212. Reckless driving. Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which (1) unreasonably interferes with the free and proper use of the public highway, or (2) unreasonably endangers users of the public highway, or (3) is reckless within the meaning of section 15.05 of the penal law. [Reckless] All such driving is prohibited. Every person violating this provision shall be guilty of a misdemeanor.
§ 2. The penal law is amended by adding a new section 15.07 to read as follows: § 15.07 Culpability; criminal negligence involving the use of a motor
vehicle.
Notwithstanding section 15.05 of this article, a person may be found to have acted with criminal negligence involving the use of a motor vehicle with respect to a homicide, as defined under section 125.10 of this chapter, or an assault, as defined under section 120.00 of this chapter, if it is established that he or she was recklessly driving, as defined under section one thousand two hundred twelve of the vehicle and traffic law.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02459-01-9
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.