NY State Senate Bill 2019-S7894

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2020	referred to transportation

co-Sponsors

2019-S7894 (ACTIVE) - Details

See Assembly Version of this Bill:: A8881
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1212, 509-e, 510-a, 516-b, 530, 1696, 1699 & 1810, V & T L; amd §§2335 & 3425, Ins L; amd §§120.04-a, 125.14 & 270.25, Pen L; amd §§2408 & 2411, UDCA; amd §19-506, NYC Ad Cd
Versions Introduced in 2021-2022 Legislative Session:: S717, A1147

2019-S7894 (ACTIVE) - Summary

Redefines reckless driving to be dangerous driving; imposes stronger penalties where physical injury occurs and provides that a driver may be convicted without a showing of multiple violations or an awareness of the risk of harm.

2019-S7894 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7894

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, the insurance law, the
penal law, the uniform district court act, and the administrative code
of the city of New York, in relation to redefining reckless driving as
dangerous driving

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will allow for the easier prosecution of dangerous driving by
removing the burden of proving intent on the part of the driver from
prosecutors.

 
SUMMARY OF PROVISIONS:

Section one is a statement of legislative intent that acknowledges that
the public perception of what is acceptable driving behavior has changed
in the wake of "vision zero" initiatives. Section two amends Section

1212 of Vehicle Traffic Law to change the word "reckless" to "dangerous"
which is more objective and tied to specific acts that cause physical
harm. The final sentence, is meant to nullify the case law that has
established the "rule of two" and required that drivers operate with
"seriously blameworthy" conduct in ways that "grossly deviate" from the
conduct a "reasonable" person would, creating an elevated recklessness
mens rea standard that should not apply to this offense.

Section two of the bill amends Section 1212 of the Vehicle and Traffic
law by changing the title of the Section from "reckless driving" to
"dangerous driving." It further adds that drivers can be found to have
driven dangerously if they failed to exercise ordinary due care.  Final-
ly, the Section explains that anyone found to have met the standard of
dangerous driving as found in this section of the bill, shall be found
to have acted with criminal negligence and shall be guilty of a class A
misdemeanor. A violation of the section will not require a finding of a
minimum number of violations of law or a finding that a person was aware
of, had perceived, or had created the risk of harm to another person.

Section three of the bill amends Section 509-e of the Vehicle and Traf-
fic Law to replace the word "reckless" with the word "dangerous."

Section four of the bill amends Subparagraph (ii) of Paragraph (a) of
Subdivision 4 of Section 510-a of the Vehicle and Traffic Law to add the
words "or dangerous."

Section 5 of the bill amends paragraph 10 of Subdivision (c) of

Section 516-b of the Vehicle and Traffic Law to replace the word "reck-
less" with the word "dangerous."

Section 6 of the bill amends Subdivision 2 of Section 530 of the Vehicle
and Traffic Law to replace the word "reckless" with the word "danger-
ous."

Section 7 of the bill amends item (B) of Subparagraph (I) of Paragraph


(d) of Subdivision *I of Section 1696 of the Vehicle and Traffic Law to
replace the word "reckless" with the word "dangerous."

Section 8 of the bill amends Subparagraph (i) or Paragraph (b) of Subdi-
vision 2 of Section 1699 of the Vehicle and Traffic Law to replace the
word "reckless" with the word "dangerous?

Section 9 of the bill amends Section 1810 of the Vehicle and Traffic Law
to replace the word "reckless" with the word "dangerous?

Section 10 of the bill amends Paragraph 3 of Subsection (b) of Section
2335 of the Insurance Law to replace the word "reckless" with the word
"dangerous."

Section 11 of the bill amends Item (v) of Subparagraph (A) of Paragraph
3 of Subsection (m) of Section 3425 of the Insurance Law to replace the
word "reckless" with the word "dangerous."

Section 12 of the bill amends the opening Paragraph of Section 120.04-a
of the Penal Law to replace the world "reckless" with the word "danger-
ous."

Section 13 of the bill amends the opening Paragraph of Section 125.14 of
the Penal Law to replace the word "reckless" with the word "dangerous."

Section 14 of the bill amends Section 270.25 of the Penal Law to replace
the word "reckless" with the word "dangerous."

Section 15 of the bill amends Subdivision 1 of Section 2408 of the
Uniform District Court Act to replace the word "reckless" with the word
"dangerous."

Section 16 of the bill amends Subdivision 1 of Section 2411 of the
Uniform District Court Act to replace the word "reckless" with the word
"dangerous."

Section 17 of the bill amends Subdivision 1 of Section 19-506 of the
Administrative Code of the City of New York to replace the word "reck-
less" with the word "dangerous."

Section 18 sets the effective date.

 
JUSTIFICATION:

This bill seeks to reverse decades of case history that has made the
prosecution of dangerous driving nearly impossible due to the require-
ment of prosecutors to not only prove that a motorist engaged in behav-
ior that could cause physical harm but also to prove that a driver knew
the behavior they were engaged in posed a threat and still acted danger-
ously. This is the so called "rule of two which makes prosecution of
dangerous driving behavior nearly impossible to prosecute. This bill
will remove the burden on prosecutors to prove what a driver knew or
their intent. This will apply a uniform standard to what is considered
'dangerous driving' and ensure that we have a criminal Class A misdemea-
nor that can be applied to the majority of serious injury and fatal
crashes resulting from such driving.

 
PRIOR LEGISLATIVE HISTORY:
none

 
FISCAL IMPLICATIONS:

none

 
EFFECTIVE DATE:
This act will take effect immediately, however, that the amendments to
Section 2335 of the Insurance Law made by Section 10 of this act shalt
not affect the expiration of such Section and shall be deemed to expired
therewith.

2019-S7894 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7894
 
                             I N  S E N A T E
 
                             February 28, 2020
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN  ACT  to  amend  the  vehicle and traffic law, the insurance law, the
   penal law, the uniform district court act, and the administrative code
   of the city of New York, in relation to redefining reckless driving as
   dangerous driving

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative intent. The Legislature recognizes the height-
 ened responsibility of operating a multi-ton car or truck and that  such
 motor  vehicle  is  a  dangerous  instrument under state law that, in an
 instant, can cause lethal physical harm. For example, when  operating  a
 car  at  30  miles  per hour the average risk of a pedestrian dying upon
 impact with such car is 40%, at 40 miles per hour the risk of  death  is
 80%,  and  at  speeds  greater  than 50 miles per hour the likelihood of
 death is near certain at nearly 100%.
   When deaths resulting from alcohol-impaired driving were reduced  from
 approximately  30,000  annually  in  the  early  1980s across the United
 States to approximately 10,000 annually in recent years, that remarkable
 reduction was achieved in part by the certainty experienced  by  drivers
 that they would suffer legal consequences for driving impaired and risk-
 ing  the  lives of themselves and others, resulting from changes in laws
 prohibiting impaired driving. However, that certainty does not exist for
 other types of dangerous driving. A 2016 survey by the  National  Safety
 Council  showed that "[a]lthough 83% of drivers surveyed believe driving
 is a safety concern, a startling number say they are comfortable  speed-
 ing  (64%)  [and]  texting  either  manually  or  through voice controls
 (47%)," whereas far fewer (10%) say they are comfortable  driving  after
 they  feel  they've  had  too much alcohol. This shows that, while drunk
 driving has become socially unacceptable, most other forms of  dangerous
 driving  have  not, and New Yorkers are paying the price with lives lost
 and bodies and families shattered. Moreover, the New York  City  Depart-
 ment  of  Transportation  estimated  in 2010 that the annual cost of all
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13864-04-0

 S. 7894                             2
 
 traffic crashes just in New York City  to  be  $4.29  billion  annually,
 about 1% of the Gross City Product.
   As  evidenced  by  our  country's experience combatting drunk driving,
 research has shown that perceived certainty  of  legal  consequences  is
 necessary to deter or prevent harmful acts, including dangerous driving.
 The  original statutory language of the New York vehicle and traffic law
 section 1212 (VTL 1212), in and of itself, is favorable to a  reasonable
 standard for reckless or dangerous driving, specifying that driving in a
 manner  that  "unreasonably  interferes with" or "unreasonably endangers
 [others]" constitutes a violation of that section and is an unclassified
 misdemeanor. However, that reasonableness standard has subsequently been
 heightened, to an extreme level by  New  York  judicial  interpretations
 that  require factors such as a finding of seriously blameworthy conduct
 (People v. Boutin and People v. Cabrera), an "affirmative  act"  by  the
 driver  (People  v.  Cabrera),  a "gross deviation" from the standard of
 conduct a reasonable person would observe, and  additional  "aggravating
 factors"  on  behalf  of  the driver -- all judicial interpretations and
 elevated mens rea requirements not required by  the  original  statutory
 text  for  vehicle  and  traffic law section 1212 Reckless Driving. This
 judicially imposed higher mens rea requirement fails  to  recognize  the
 awesome responsibility that operating a multi-ton car or truck is and as
 a  consequence,  evidenced in part by the staggering injuries and deaths
 in our state, the statute has failed to achieve what it  intended.  Cars
 and  trucks  are  dangerous  instruments  under  state law and should be
 recognized as such when applying vehicle and traffic law  section  1212.
 For  these  reasons the Legislature is disapproving of the holdings with
 regards to a motor vehicle operator's culpability and state of  mind  in
 People v.  Boutin, 75 N.Y.2d 692 (N.Y. 1990); People v. Grogan, 260 N.Y.
 138,  183  N.E.  273 (N.Y. 1932); People v. Cabrera, 10 N.Y.3d 370 (N.Y.
 2008) and People v. Goldblatt, 98 A.D.3.d 817  N.Y.S.2d  210  (3d  Dept.
 2012);  and this legislation would correct the misapplication of vehicle
 and traffic law section 1212 in these rulings and restore the statute to
 its original intent, namely to deter and prevent dangerous operation  of
 heavy  motor vehicles that pose a daily threat to public health and risk
 the lives of New Yorkers throughout our state.
   § 2. Section 1212 of the vehicle and traffic law, as added by  chapter
 47 of the laws of 1988, is amended to read as follows:
   § 1212. [Reckless]  DANGEROUS  driving.  [Reckless]  DANGEROUS driving
 shall mean [driving] OPERATING or using any motor vehicle, motorcycle or
 any other vehicle CAPABLE ONLY OF BEING 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] SAFE use of the
 public highway, [or] unreasonably endangers users of the public highway,
 OR FAILS TO EXERCISE ORDINARY DUE CARE. [Reckless] DANGEROUS driving  is
 prohibited.  Every  person violating this provision shall be guilty of a
 misdemeanor.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR THE
 PENAL LAW, EVERY PERSON VIOLATING THIS SECTION AND WHO  CAUSES  PHYSICAL
 INJURY  TO  ANOTHER  PERSON  SHALL  BE FOUND TO HAVE ACTED WITH CRIMINAL
 NEGLIGENCE UNDER SECTION 15.05 OF THE PENAL LAW AND SHALL BE GUILTY OF A
 CLASS A MISDEMEANOR. A VIOLATION OF THIS  SECTION  DOES  NOT  REQUIRE  A
 FINDING  OF  A  MINIMUM  NUMBER OF VIOLATIONS OF LAW OR A FINDING THAT A
 PERSON WAS AWARE OF, HAD PERCEIVED, OR HAD CREATED THE RISK OF  HARM  TO
 ANOTHER PERSON.
   § 3. Section 509-e of the vehicle and traffic law, as amended by chap-
 ter 853 of the laws of 1975, is amended to read as follows:

 S. 7894                             3
 
   § 509-e. Annual review of driving record. Each motor carrier shall, at
 least  once  every  twelve months, review the driving record of each bus
 driver it  employs  to  determine  whether  that  driver  meets  minimum
 requirements  for  safe driving and is qualified to drive a bus pursuant
 to  section  five hundred nine-b of this article. In reviewing a driving
 record, the motor carrier must consider any evidence that the bus driver
 has violated applicable provisions of the vehicle and traffic  law.  The
 motor  carrier  must  also consider the driver's accident record and any
 evidence that the driver has violated laws governing  the  operation  of
 motor  vehicles,  such  as  speeding,  [reckless] DANGEROUS driving, and
 operating while under the influence of alcohol or drugs,  that  indicate
 that  the driver has exhibited a disregard for the safety of the public.
 Such information shall be recorded in the employer's record.
   § 4. Subparagraph (ii) of paragraph (a) of subdivision  4  of  section
 510-a  of the vehicle and traffic law, as amended by section 1 of part C
 of chapter 58 of the laws of 2013, is amended to read as follows:
   (ii) is defined as reckless OR DANGEROUS driving by state or local law
 or regulation;
   § 5. Paragraph 10 of subdivision (c) of section 516-b of  the  vehicle
 and  traffic  law,  as  added  by chapter 731 of the laws of 1986 and as
 renumbered by chapter 298 of the laws of 1991, is  amended  to  read  as
 follows:
   (10) [Reckless] DANGEROUS driving; and
   §  6.  Subdivision 2 of section 530 of the vehicle and traffic law, as
 separately amended by chapters 571 and 732  of  the  laws  of  2006,  is
 amended to read as follows:
   (2)  Such  license  or  privilege shall not be issued to a person who,
 within the four year period immediately preceding the date  of  applica-
 tion,  has  been  convicted  within  or without the state of homicide or
 assault arising out of the operation of a motor vehicle,  of  criminally
 negligent  homicide  or  criminal negligence in the operation of a motor
 vehicle resulting in death, or has been convicted within the state of  a
 violation  of  subdivision two of section six hundred of this chapter or
 of [reckless] DANGEROUS driving. Such license or privilege shall not  be
 issued  to  a person whose license or privilege, at the time of applica-
 tion, is revoked pursuant to the provisions of subparagraph (x) or  (xi)
 of  paragraph  a  of subdivision two of section five hundred ten of this
 chapter. Such license or privilege shall not be issued to a person whose
 license or privilege is suspended or revoked because of a conviction  of
 a  violation  of  subdivision  one, two, two-a, three, four or four-a of
 section eleven hundred ninety-two of this chapter or a  similar  offense
 in another jurisdiction, or whose license or privilege is revoked by the
 commissioner for refusal to submit to a chemical test pursuant to subdi-
 vision  two  of section eleven hundred ninety-four of this chapter. Such
 license or privilege shall not be issued to a person who within the five
 year period immediately preceding  the  date  of  application  for  such
 license  or  privilege  has been convicted of a violation of subdivision
 one, two, two-a, three, four or four-a of section eleven  hundred  nine-
 ty-two  of  this chapter or a similar alcohol-related offense in another
 jurisdiction, or whose license or privilege  has  been  revoked  by  the
 commissioner for refusal to submit to a chemical test pursuant to subdi-
 vision two of section eleven hundred ninety-four of this chapter, except
 that  such  a  license  or  privilege may be issued to such a person if,
 after such conviction or revocation, such person successfully  completed
 an alcohol and drug rehabilitation program established pursuant to arti-
 cle  thirty-one  of  this chapter in conjunction with such conviction or

 S. 7894                             4
 
 revocation. Provided, however, that nothing herein shall be construed as
 prohibiting an operator from  being  issued  a  limited  or  conditional
 license  or  privilege  pursuant  to  any alcohol rehabilitation program
 established pursuant to this chapter.
   § 7. Item (B) of subparagraph (i) of paragraph (d) of subdivision 1 of
 section  1696  of  the vehicle and traffic law, as added by section 2 of
 part AAA of chapter 59 of the laws  of  2017,  is  amended  to  read  as
 follows:
   (B)  [reckless] DANGEROUS driving in violation of section one thousand
 two hundred twelve of this chapter;
   § 8. Subparagraph (i) of paragraph (b) of  subdivision  2  of  section
 1699  of  the  vehicle  and traffic law, as amended by chapter 60 of the
 laws of 2017, is amended to read as follows:
   (i) stands convicted in the last three years of:  unlawful  fleeing  a
 police  officer  in  a  motor  vehicle  in violation of sections 270.35,
 270.30 or 270.25 of the  penal  law,  [reckless]  DANGEROUS  driving  in
 violation  of  section  twelve hundred twelve of this chapter, operating
 while license or privilege is  suspended  or  revoked  in  violation  of
 section five hundred eleven of this chapter, excluding subdivision seven
 of  such  section,  a  misdemeanor  offense of operating a motor vehicle
 while under the influence of alcohol or drugs in  violation  of  section
 eleven  hundred  ninety-two  of this chapter, or leaving the scene of an
 accident in violation of subdivision two of section six hundred of  this
 chapter.  In  calculating the three year period under this subparagraph,
 any period of time during which the person was  incarcerated  after  the
 commission  of such offense shall be excluded and such three year period
 shall be extended by a period or periods equal to the time spent  incar-
 cerated;
   §  9. Section 1810 of the vehicle and traffic law, as added by chapter
 47 of the laws of 1988, is amended to read as follows:
   § 1810. Compensation of officers shall not depend upon apprehension or
 arrests. (a) No city or village  shall  employ  any  officer,  agent  or
 person  whose compensation shall in any way depend upon the apprehension
 or arrest of any person or persons for violating any  ordinance  adopted
 pursuant  to  section sixteen hundred four of this chapter or for [reck-
 less] DANGEROUS driving as defined in section twelve hundred  twelve  of
 this chapter. If any person be apprehended or arrested or haled before a
 magistrate  for  a  violation  of  a local ordinance adopted pursuant to
 section sixteen hundred four or  for  [reckless]  DANGEROUS  driving  as
 defined by section twelve hundred twelve of this chapter by any officer,
 agent or employee of any city or village who is so employed, the fact of
 such  employment  at  the time shall be a defense to any charge made for
 violation of such ordinance or for [reckless] DANGEROUS driving.
   (b) No county or town shall  employ  any  officer,  agent  or  person,
 whether  such employee be elected or appointed, whose compensation shall
 in any way depend upon the apprehension or  arrest  of  any  person  for
 [reckless] DANGEROUS driving as defined in section twelve hundred twelve
 of  this  chapter.  If  any  person  be apprehended or arrested or haled
 before a magistrate for [reckless] DANGEROUS driving as so  defined,  by
 any officer, agent or employee of any county or town who is so employed,
 the fact of such employment at the time shall be a defense to any charge
 made  for  [reckless]  DANGEROUS  driving  as  defined in section twelve
 hundred twelve of this chapter.
   § 10. Paragraph 3 of subsection (b) of section 2335 of  the  insurance
 law,  as  amended by chapter 277 of the laws of 2010, is amended to read
 as follows:

 S. 7894                             5
 
   (3) operating a motor vehicle in excess of the speed limit, or  [reck-
 less]  DANGEROUS  driving,  or any combination thereof, on three or more
 occasions;
   § 11. Item (v) of subparagraph (A) of paragraph 3 of subsection (m) of
 section 3425 of the insurance law is amended to read as follows:
   (v)  operating a motor vehicle in excess of the speed limit, or [reck-
 less] DANGEROUS driving, or any combination thereof, on  three  or  more
 occasions; or
   §  12.  The opening paragraph of section 120.04-a of the penal law, as
 amended by chapter 496 of the laws  of  2009,  is  amended  to  read  as
 follows:
   A  person  is  guilty  of  aggravated vehicular assault when he or she
 engages in [reckless] DANGEROUS driving as  defined  by  section  twelve
 hundred  twelve of the vehicle and traffic law, and commits the crime of
 vehicular assault in the second degree as defined in section  120.03  of
 this article, and either:
   §  13.  The  opening  paragraph of section 125.14 of the penal law, as
 amended by chapter 496 of the laws  of  2009,  is  amended  to  read  as
 follows:
   A  person  is  guilty  of aggravated vehicular homicide when he or she
 engages in [reckless] DANGEROUS driving as  defined  by  section  twelve
 hundred  twelve of the vehicle and traffic law, and commits the crime of
 vehicular manslaughter in the second degree as defined in section 125.12
 of this article, and either:
   § 14. Section 270.25 of the penal law, as added by chapter 738 of  the
 laws of 2006, is amended to read as follows:
 § 270.25 Unlawful  fleeing  a  police  officer in a motor vehicle in the
            third degree.
   A person is guilty of unlawful fleeing a police  officer  in  a  motor
 vehicle  in  the  third  degree  when,  knowing  that he or she has been
 directed to stop his or her motor vehicle by a uniformed police  officer
 or a marked police vehicle by the activation of either the lights or the
 lights  and siren of such vehicle, he or she thereafter attempts to flee
 such officer or such vehicle by driving at speeds which equal or  exceed
 twenty-five  miles  per hour above the speed limit or engaging in [reck-
 less] DANGEROUS driving as defined by section twelve hundred  twelve  of
 the vehicle and traffic law.
   Unlawful  fleeing  a  police  officer  in a motor vehicle in the third
 degree is a class A misdemeanor.
   § 15. Subdivision 1 of section 2408 of the uniform district court act,
 as added by chapter 276 of the laws of  1952,  is  amended  to  read  as
 follows:
   1.  The  board of judges shall have power to provide, by resolution, a
 procedure to govern the payment  of  fines  by  any  person  accused  of
 violating any provision of any law, ordinance, rule or regulation relat-
 ing  to  vehicular  or  pedestrian traffic, without appearing in person,
 except in cases of speeding, [reckless] DANGEROUS driving, leaving scene
 of an accident or any charge of a misdemeanor or felony  or  any  charge
 which  may  for reasons of public policy require the personal appearance
 of the accused, for such period of time as shall be deemed in the public
 interest; to fix the fine to be paid in each class of  case  within  the
 minimum and maximum amount set by law, ordinance, rule or regulation; to
 designate the place or places where such fines may be paid; to prescribe
 the form of the summonses to be used and the manner in which the plea of
 guilty shall be made; and the manner in which the money shall be paid.

 S. 7894                             6
 
   § 16. Subdivision 1 of section 2411 of the uniform district court act,
 as  amended  by  chapter  570 of the laws of 1963, is amended to read as
 follows:
   1.  The  board of judges shall have power to provide, by resolution, a
 procedure to govern the payment  of  fines  by  any  person  accused  of
 violating any provision of any law, ordinance, rule or regulation relat-
 ing  to  vehicular  or  pedestrian traffic, without appearing in person,
 except in cases of speeding, [reckless] DANGEROUS driving, leaving scene
 of an accident or any charge of a misdemeanor or felony  or  any  charge
 which  may  for reasons of public policy require the personal appearance
 of the accused, for such period of time as shall be deemed in the public
 interest; to fix the fine to be paid in each class of  case  within  the
 minimum and maximum amount set by law, ordinance, rule or regulation; to
 designate the place or places where such fines may be paid; to prescribe
 the form of the summonses to be used and the manner in which the plea of
 guilty shall be made; and the manner in which the money shall be paid.
   §  17.  Subdivision  l of section 19-506 of the administrative code of
 the city of New York, as added by chapter 9 of  the  laws  of  2012,  is
 amended to read as follows:
   l.  A  person  is  guilty of unlawful fleeing a New York city taxi and
 limousine enforcement officer or police officer when, knowing that he or
 she has been directed to remain stopped by a  New  York  city  taxi  and
 limousine enforcement officer or police officer, the driver of a vehicle
 operating  pursuant  to a HAIL license who is stopped in a zone where he
 or she is not permitted to pick up street hails thereafter  attempts  to
 flee  such  officer  by setting the vehicle in motion and either travels
 over three hundred feet without stopping or engages in  conduct  consti-
 tuting [reckless] DANGEROUS driving as defined in section twelve hundred
 twelve  of the vehicle and traffic law. Unlawful fleeing a New York city
 taxi and limousine enforcement officer or police officer is a  misdemea-
 nor  punishable  by  a fine of not less than seven hundred fifty dollars
 nor more than one thousand dollars, or by imprisonment of not more  than
 ninety  days or by both such fine and imprisonment.  Notwithstanding any
 contrary provision of law, any  charge  alleging  a  violation  of  this
 subdivision  shall be returnable before a court having jurisdiction over
 misdemeanors.
   § 18. This act shall take effect immediately provided,  however,  that
 the  amendments to section 2335 of the insurance law made by section ten
 of this act shall not affect the expiration of such section and shall be
 deemed to expire therewith.

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Senate Bill S7894

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

2019-S7894 (ACTIVE) - Details

2019-S7894 (ACTIVE) - Summary

2019-S7894 (ACTIVE) - Sponsor Memo

2019-S7894 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7894

Share this bill

Sponsored By

Andrew Gounardes

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Pete Harckham

Brad Hoylman-Sigal

Todd Kaminsky

2019-S7894 (ACTIVE) - Details

2019-S7894 (ACTIVE) - Summary

2019-S7894 (ACTIVE) - Sponsor Memo

2019-S7894 (ACTIVE) - Bill Text download pdf

Comments