S T A T E   O F   N E W   Y O R K
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                                  2386--A
     Cal. No. 468
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation -- reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading

 AN  ACT to amend the vehicle and traffic law, in relation to performance
   of illegal maneuvers while operating a motorcycle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1254 to read as follows:
   § 1254. PERFORMANCE OF AN ILLEGAL MANEUVER WHILE OPERATING A  MOTORCY-
 CLE.  (A)  "ILLEGAL  MANEUVER"  SHALL MEAN ANY MANEUVER PERFORMED BY THE
 OPERATOR OF A MOTORCYCLE WHICH REQUIRES THE FRONT OR REAR WHEEL OF  SUCH
 MOTORCYCLE  TO LEAVE CONTACT WITH THE ROAD, OR ANY MANEUVER DESCRIBED IN
 SUBDIVISIONS (B) AND (C) OF SECTION TWELVE  HUNDRED  FIFTY-TWO  OF  THIS
 ARTICLE.  ILLEGAL  MANEUVER  SHALL  NOT  MEAN  A MANEUVER PERFORMED BY A
 MOTORCYCLE WITH A SIDE PASSENGER TRUCK ATTACHMENT,  IN  WHICH  THE  SIDE
 TRUCK LEAVES THE ROAD IN THE COURSE OF TAKING A TURN.
   (B) AN OPERATOR OF A MOTORCYCLE THAT PERFORMS AN ILLEGAL MANEUVER THAT
 RESULTS IN PROPERTY DAMAGE OR BODILY HARM OF ANOTHER SHALL BE PUNISHABLE
 BY  A  FINE NOT TO EXCEED FIVE HUNDRED DOLLARS AND THE AUTOMATIC REVOCA-
 TION OF THE OPERATOR'S MOTORCYCLE LICENSE AND REGISTRATION FOR A  PERIOD
 OF ONE YEAR.
   (C) AN OPERATOR OF A MOTORCYCLE THAT PERFORMS AN ILLEGAL MANEUVER THAT
 RESULTS  IN  PROPERTY  DAMAGE  OR BODILY HARM OF ANOTHER WITHIN EIGHTEEN
 MONTHS OF A PRIOR CONVICTION WHERE THE  VIOLATOR  PERFORMED  AN  ILLEGAL
 MANEUVER  THAT  RESULTED  IN  PROPERTY DAMAGE OR BODILY HARM OF ANOTHER,
 SHALL BE PUNISHABLE BY THE FORFEITURE OF THE OPERATOR'S  MOTORCYCLE  AND
 THE AUTOMATIC REVOCATION OF THE OPERATOR'S MOTORCYCLE LICENSE AND REGIS-
 TRATION FOR A PERIOD OF TWO YEARS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD06927-03-7

 S. 2386--A                          2
 
   § 2. Subparagraphs (xii) and (xiii) of paragraph a of subdivision 2 of
 section  510  of  the  vehicle and traffic law, as added by section 1 of
 part B of chapter 55 of the laws  of  2014,  are  amended  and  two  new
 subparagraphs (xiv) and (xv) are added to read as follows:
   (xii)  of  a second or subsequent conviction of a violation of section
 twelve hundred twenty-five-c or section twelve hundred twenty-five-d  of
 this chapter committed where such person is the holder of a probationary
 license,  as  defined in subdivision four of section five hundred one of
 this title, at the time of the commission of  such  violation  and  such
 second or subsequent violation was committed within six months following
 the restoration or issuance of such probationary license; [or]
   (xiii)  of a second or subsequent conviction of a violation of section
 twelve hundred twenty-five-c or section twelve hundred twenty-five-d  of
 this  chapter committed where such person is the holder of a class DJ or
 MJ learner's permit or a class DJ or MJ  license  at  the  time  of  the
 commission of such violation and such second or subsequent violation was
 committed  within six months following the restoration of such permit or
 license[.];
   (XIV) OF A VIOLATION OF SUBDIVISION  (B)  OF  SECTION  TWELVE  HUNDRED
 FIFTY-FOUR  OF  THIS  CHAPTER  SHALL  RESULT IN A MOTORCYCLE LICENSE AND
 REGISTRATION REVOCATION OF ONE YEAR; OR
   (XV) OF A SECOND  VIOLATION  OF  SUBDIVISION  (B)  OF  SECTION  TWELVE
 HUNDRED  FIFTY-FOUR OF THIS CHAPTER SHALL RESULT IN A MOTORCYCLE LICENSE
 AND REGISTRATION REVOCATION OF TWO YEARS.
   § 3. This act shall take effect on the one hundred sixtieth day  after
 it shall have become a law.