What's happening
This bill creates new criminal offenses for dangerous driving resulting in injury or death, with penalties ranging from misdemeanor to felony.
Why it matters
Targets repeat dangerous drivers. The bill specifically applies to individuals with multiple recent traffic violations or numerous license suspensions, aiming to address the risk posed by habitual offenders rather than isolated incidents.
Graduated penalties based on harm and history. Offenses are tiered, with punishment increasing depending on both the seriousness of the injury caused (physical injury, serious physical injury, or death) and the driver's prior record, reflecting a proportional response to repeat and severe misconduct.
Closes gaps in current law. By creating new criminal charges for drivers with a history of violations or suspensions who cause harm, the bill seeks to fill a legal gap where current traffic or criminal statutes may not adequately address repeat, high-risk behavior leading to injury or death.
Potential deterrent effect. The creation of new misdemeanors and felonies tied to dangerous driving may serve as a deterrent for chronic offenders, signaling increased consequences and providing prosecutors with more tools to address dangerous conduct on the roads.
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Who cares
Headline styles
Create Dangerous Driving Crimes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 Assembly Committee · Codes · Sponsor Michael Cusick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1786
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed 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
S. 1786 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.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
Amends the Penal Law to impose criminal liability on drivers who contin- ue to operate motor vehicles in violation of the vehicle and traffic law and cause injury as a result.
Summary of specific provisions
Amends the Penal Law to create crimes of Dangerous Driving, by adding new provisions which impose criminal liability on drivers who continue to operate motor vehicles in an unsafe manner or with suspended licenses. If a motorist has been convicted of two violations of the Vehicle and Traffic Law and has an accident that causes physical injury or death while operating a vehicle in violation of law, that driver would be guilty of a separate criminal offense and subject to criminal liability. The penalties range from one year to twenty five years depending on the severity of the injury.
Justification
Drivers who continue to operate motor vehicles in an unsafe manner should not be able to escape criminal liability for causing "accidents" which injure innocent drivers or pedestrians. A person who has prior convictions for unsafe driving should not continue to drive in a manner that is dangerous to others. These dangerous drivers who cause injury to others in what is incorrectly deemed an "accident" should face criminal prosecution for continually flaunting the rules of the road. Also, driv- ers who operate motor vehicles with a suspended license or no license must be prosecuted if they cause injury to others. A license to drive is a privilege and not a license to kill or injure. Those who flagrantly violate the Vehicle and Traffic Law must be held accountable for the injuries they cause. This legislation sends a clear message that we will no longer permit dangerous drivers to escape responsibility for their misconduct by incorrectly calling it an "accident."
Prior legislative history
2018: S.3313 - Third Reading Calendar / A.3588 - Referred to Codes 2017: S.3313 - Passed Senate / A.3588 - Referred to Codes 2016: S.3324 - Passed Senate / A.7120 - Referred to Codes 2015: S.3324 - Passed Senate / A.7120 - Referred to Codes 2014: S.2479 - Referred to Codes / A.521 Referred to Codes 2011-2012: A.365 - Died in Codes / S.5097 - Died in Codes 2009-2010: A.2589 - Died in Transportation 2008: A.2649-A - Died in Codes / S.5584 - Passed Senate 2007: A.2649 S.5584-A Remained in Codes 2005-2006: A.7885 / S.5333 - Died in Codes 2004: A.10542 - Died in Codes
Fiscal implications
None.
Effective date
1st of November next succeeding that date on which it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.