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A5101Assembly2019-2020 SessionSame asS1786

Create Dangerous Driving Crimes

Official title

“Creates the crimes of dangerous driving in the fifth, fourth, third, second and first degrees”

Sponsor Michael CusickAD-63+2 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill creates new criminal offenses for dangerous driving in five degrees, with penalties escalating for repeat offenders and causing injury or death.

Why it matters

  1. Targets repeat and high-risk offenders. The bill creates new criminal penalties specifically for drivers with multiple prior violations or suspensions, aiming to deter those with a pattern of unsafe behavior from continued dangerous driving.

  2. Links severity of punishment to harm caused. Penalties escalate not just based on the driver’s history, but also on the outcome—more severe injuries or fatalities result in harsher felony charges, signaling a focus on the consequences of dangerous driving.

  3. Addresses loopholes in current traffic law enforcement. By criminalizing driving with multiple unresolved suspensions or repeated violations, the law closes gaps that previously allowed repeat offenders to avoid serious consequences unless caught for separate criminal offenses.

  4. Potential for significant life consequences. The new offenses range from misdemeanors to serious felonies (including class B), meaning those convicted could face substantial prison time, loss of rights, and long-term impacts on employment and social standing—underscoring the bill’s intent to treat chronic dangerous driving as a major public safety threat.

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Who cares

Headline styles

Create Dangerous Driving Crimes

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Michael Cusick

Assembly Member · Assembly District 63

History

  1. Referred to codes
  2. 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.

S1786Senate

Create Dangerous Driving Crimes

In Senate Committee · Codes · Sponsor Andrew J. Lanza

Impact 7 · Significant0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5101

2019-2020 Regular Sessions

IN ASSEMBLY

February 7, 2019

Introduced by M. of A. CUSICK, LENTOL, GALEF -- 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.

LBD00245-01-9

A. 5101 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.