S T A T E   O F   N E W   Y O R K
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                                  6492

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2013
                               ___________

Introduced by M. of A. CUSICK -- 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 TITLE, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01336-01-3
              

A. 6492                             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.