S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5188
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by  M.  of A. MONTESANO, HAWLEY -- 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:
 § 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.
   § 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

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

                                                            LBD08625-01-1

 A. 5188                             2
 
 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.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.