S T A T E   O F   N E W   Y O R K
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                                  8415

                          I N  A S S E M B L Y

                            January 15, 2014
                               ___________

Introduced  by  M.  of  A.  MONTESANO  --  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
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.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD01213-01-3