S T A T E   O F   N E W   Y O R K
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                                  6078

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law,  in  relation  to  reckless
  driving and establishes the crime of aggravated reckless driving

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, 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:
  S 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 unreasonably interferes with the free and proper  use  of
the  public highway, or unreasonably endangers users of the public high-
way.  Reckless  driving  is  prohibited.  Every  person  violating  this
provision  shall  be guilty of a CLASS A misdemeanor PUNISHABLE PURSUANT
TO ARTICLES SIXTY-FIVE AND SEVENTY OF THE PENAL LAW.
  S 2. The vehicle and traffic law is amended by adding  a  new  section
1212-a to read as follows:
  S  1212-A.  AGGRAVATED  RECKLESS  DRIVING. AGGRAVATED 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 APPLI-
ANCE OR ACCESSORY THEREOF:
  (1) IN A MANNER WHICH CREATES A GRAVE RISK OF DEATH TO  USERS  OF  THE
PUBLIC  HIGHWAY,  OR  KNOWING  OR  HAVING REASON TO KNOW THE OPERATOR IS
DRIVING AGAINST THE FLOW OF TRAFFIC AND  THE  WRONG  WAY,  THE  OPERATOR
CONTINUES  TO  DO  SO.  FAILURE TO PERCEIVE SAID WRONG WAY TRAVEL DUE TO
IMPAIRMENT OR INTOXICATION IS ALSO A VIOLATION OF THIS SECTION, OR
  (2) AT SPEEDS OF THIRTY MILES PER HOUR OR MORE ABOVE THE POSTED  SPEED
LIMIT  AND  IN AN IMPAIRED OR INTOXICATED CONDITION PURSUANT TO SUBDIVI-
SIONS TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED  NINE-
TY-TWO OF THIS CHAPTER, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08985-02-1
              

A. 6078                             2

  (3)  AT SPEEDS OF THIRTY MILES PER HOUR OR MORE ABOVE THE POSTED SPEED
LIMIT WHILE RACING OR PURSUING ONE OR MORE OTHER VEHICLES, OR
  (4)  AT SPEEDS OF THIRTY MILES PER HOUR OR MORE ABOVE THE POSTED SPEED
LIMIT, THE DRIVER PASSES THREE OR MORE TIMES BETWEEN  THE  TRAVEL  LANES
AND  OTHER  VEHICLES  ON  THE ROADWAY IN VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED TWENTY-EIGHT OF THIS TITLE.
  A PERSON VIOLATING ANY OF THE PROVISIONS  OF  THIS  CHAPTER  SHALL  BE
GUILTY  OF  A  CLASS E FELONY PUNISHABLE PURSUANT TO ARTICLES SIXTY-FIVE
AND SEVENTY OF THE PENAL LAW.
  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.