S T A T E   O F   N E W   Y O R K
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                                  2274

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of A. REILICH, KOLB, FINCH, ALFANO, ERRIGO -- Multi-
  Sponsored by -- M. of A.  BARRA, McDONOUGH -- read once  and  referred
  to the Committee on Codes

AN  ACT  to  amend the penal law, in relation to the crime of aggressive
  driving

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding a new section 120.65 to
read as follows:
S 120.65 AGGRESSIVE DRIVING.
  A PERSON IS GUILTY OF AGGRESSIVE DRIVING WHEN HE OR SHE:
  1. RECKLESSLY OPERATES A MOTOR VEHICLE ON A PUBLIC HIGHWAY IN A MANNER
THAT CREATES A SUBSTANTIAL RISK OF SERIOUS PHYSICAL  INJURY  TO  ANOTHER
PERSON; OR
  2.  OPERATES  A  MOTOR  VEHICLE ON A PUBLIC HIGHWAY WHILE DISPLAYING A
DEADLY WEAPON OR A DANGEROUS INSTRUMENT OR WHAT APPEARS TO BE A  PISTOL,
REVOLVER,  RIFLE,  SHOTGUN, MACHINE GUN OR OTHER FIREARM, IN SUCH MANNER
AS TO PLACE ANOTHER PERSON IN REASONABLE FEAR OF PHYSICAL INJURY,  SERI-
OUS PHYSICAL INJURY OR DEATH; OR
  3.  OPERATES  A MOTOR VEHICLE ON A PUBLIC HIGHWAY IN SUCH MANNER AS TO
PLACE ANOTHER PERSON IN REASONABLE  FEAR  OF  PHYSICAL  INJURY,  SERIOUS
PHYSICAL INJURY OR DEATH.
  AGGRESSIVE DRIVING IS A CLASS E FELONY.
  S  2.  Subdivision  4 of section 70.00 of the penal law, as amended by
chapter 738 of the laws of 2004, is amended to read as follows:
  4. Alternative definite sentence for class D and E  felonies.  When  a
person,  other than a second or persistent felony offender, is sentenced
for a class D or class E felony, and the court,  having  regard  to  the
nature  and  circumstances of the crime and to the history and character
of the defendant, is of the opinion that a sentence of  imprisonment  is
necessary  but  that it would be unduly harsh to impose an indeterminate

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04358-01-9
              

A. 2274                             2

or determinate sentence, the court may impose  a  definite  sentence  of
imprisonment and fix a term of one year or less, PROVIDED, HOWEVER, THAT
THE COURT MUST FIX A MINIMUM TERM OF AT LEAST ONE YEAR WHEN THE SENTENCE
IS FOR A CONVICTION OF THE CLASS E FELONY OFFENSE OF AGGRESSIVE DRIVING.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.