What's happening
This bill makes it a misdemeanor, with fines and possible jail time, for moving violations causing serious injury or death.
Why it matters
Increases legal consequences for drivers. By making moving violations that cause serious injury or death a misdemeanor, the bill raises the stakes for careless or reckless driving, potentially deterring dangerous behavior on the road.
Mandates additional driver education. Convicted individuals must complete a motor vehicle accident prevention course, which could help reduce repeat offenses by promoting safer driving habits.
Introduces mandatory fines and possible jail time. The requirement of a minimum $300 fine and up to 30 days in jail means that even first-time offenders face significant penalties if their actions lead to serious harm, emphasizing the seriousness of such offenses.
Aims to provide justice for victims. By elevating the penalty from a simple traffic infraction to a criminal misdemeanor, the bill seeks to acknowledge the severity of harm caused and offer a stronger sense of accountability to victims and their families.
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Who cares
Headline styles
Tougher Penalties for Dangerous Driving
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to transportation
- Referred to transportation
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.
Increase Penalties for Dangerous Driving
In Assembly Committee · Transportation · Sponsor Fred Thiele
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2509
2019-2020 Regular Sessions
IN SENATE
January 25, 2019
Introduced by Sens. FUNKE, ROBACH, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the penalty for a moving violation which results in the serious bodily injury or death of another person
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1800 of the vehicle and traffic law is amended by adding a new subdivision (i) to read as follows:
(i) Every person convicted of a traffic infraction for a violation of any ordinance, order, rule or regulation adopted pursuant to title seven of this chapter which involves a moving violation with a motor vehicle, where such violation results in the serious bodily injury or death of another person, shall be guilty of a misdemeanor, which shall be punishable by a fine of no less than three hundred dollars, or imprisonment of not more than thirty days or both such fine and imprisonment, and the completion of a motor vehicle accident prevention course, as defined by article twelve-B of this chapter.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07114-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to the penalty for a moving violation which results in the serious bodily injury or death of another person
Summary of bill
This legislation will provide a minimum penalty for persons who commit a moving violation (violation of Title 7 in the Vehicle and Traffic Law), should such violation result in death or serious bodily injury of anoth- er.
Section 1: Creates a new paragraph I of Section 1800 of the Vehicle and traffic Law, creating a penalty for a moving violation with a motor vehicle that results in the serious bodily injury or death of another person, to be guilty of a misdemeanor, which shall be punishable by a fine of no less than three hundred dollars, or imprisonment of not more than thirty days, or both such fine and imprisonment, and the completion of a motor vehicle accident prevention course, as defined by article twelve-B of the vehicle and traffic law.
Read the full memo (742 words)
The lines - "shall be guilty of a misdemeanor, which shall be punishable by a fine of no less than three hundred dollars, or imprisonment of not more than thirty days or both such fine and imprisonment" - is similar to the NYC Administrative Code Section 19-190 Right of Way Paragraph B lines 4 and 5. This language will keep the penalty state-wide on par with what the New York City Administrative Code already has on the books.
Section 2: Sets the enactment date.
Justification
Currently, there is no penalty for committing a moving violation in vehicle and traffic law, that results in the death or serious bodily injury - unless such moving violation is considered Vehicular Manslaughter - the violation of serious vehicle and traffic laws; IE, driving under the influence or driving with a revoked/suspended license. In these serious scenarios, the result is a felony charge. We have heard from police officers and parents of victims across the state who are dealing with the death of a loved-one as a result of another's driv- ing infractions that do not raise to the level of a Vehicular Manslaughter charge.
Recently in Monroe County, a driver was charged with violating section 1142 of the vehicle and traffic law - failure to yield the right of way - when failing to stop at a yield sign when pulling onto a main road, while striking and killing an oncoming motorcyclist. The driver of the car was only charged with a $30 fine for failing to yield the right of way. We believe that these less serious offenses should result in larger minimum penalties, should they result in the serious bodily injury or death of another.
Other States currently set minimum and maximum fines, misdemeanor and felony punishments, etc. for moving violations that causes serious impairment of a body function or death of another person for multiple scenarios - IE. Misconduct with a motor vehicle, criminal negligence in the operation of a motor vehicle, negligent homicide with a motor vehi- cle, different degrees of vehicular manslaughter, etc.
Our neighbors in Connecticut have different layers of laws relating to manslaughter with a motor vehicle. The most relatable offense that CT has on the books, which relates to this proposal, is Negligent Homicide with a Motor Vehicle (CGS Section 14-222a) - which states: Any person who, in consequence of the negligent operation of a commercial motor vehicle, causes the death of another person shall be fined not more than two thousand five hundred dollars or imprisoned not more than six months, or both.
In Pennsylvania, unintentionally killings such as committing a moving violation would be categorized as Involuntary manslaughter. In PA, Involuntary manslaughter is a first degree misdemeanor, with potential punishment of a term of imprisonment for up to five years - and if the defendant committed involuntary manslaughters as the parent, caregiver, or custodian of a child under the age of twelve, state law increases the criminal charge to a second degree felony.
This legislation simply looks to create a misdemeanor with a minimum financial penalty while requiring the completion of an accident prevention course for the violators of vehicle and traffic law whose actions result in the death or serious bodily injury of another - simi- lar to our neighboring states.
Prior legislative history
S.6748A/A.9291A of 2016; Passed Senate
Fiscal implications
None.
Effective date
This act shall take effect 60 days after enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.