Bill Text: NY A02274 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to the crime of aggressive driving

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A02274 Detail]

Download: New_York-2009-A02274-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2274
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2009
                                      ___________
       Introduced  by  M.  of A. REILICH, KOLB, FINCH, ALFANO, ERRIGO -- Multi-
         Sponsored by -- M. of A.  BARRA, McDONOUGH -- 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:
    1    Section  1. The penal law is amended by adding a new section 120.65 to
    2  read as follows:
    3  S 120.65 AGGRESSIVE DRIVING.
    4    A PERSON IS GUILTY OF AGGRESSIVE DRIVING WHEN HE OR SHE:
    5    1. RECKLESSLY OPERATES A MOTOR VEHICLE ON A PUBLIC HIGHWAY IN A MANNER
    6  THAT CREATES A SUBSTANTIAL RISK OF SERIOUS PHYSICAL  INJURY  TO  ANOTHER
    7  PERSON; OR
    8    2.  OPERATES  A  MOTOR  VEHICLE ON A PUBLIC HIGHWAY WHILE DISPLAYING A
    9  DEADLY WEAPON OR A DANGEROUS INSTRUMENT OR WHAT APPEARS TO BE A  PISTOL,
   10  REVOLVER,  RIFLE,  SHOTGUN, MACHINE GUN OR OTHER FIREARM, IN SUCH MANNER
   11  AS TO PLACE ANOTHER PERSON IN REASONABLE FEAR OF PHYSICAL INJURY,  SERI-
   12  OUS PHYSICAL INJURY OR DEATH; OR
   13    3.  OPERATES  A MOTOR VEHICLE ON A PUBLIC HIGHWAY IN SUCH MANNER AS TO
   14  PLACE ANOTHER PERSON IN REASONABLE  FEAR  OF  PHYSICAL  INJURY,  SERIOUS
   15  PHYSICAL INJURY OR DEATH.
   16    AGGRESSIVE DRIVING IS A CLASS E FELONY.
   17    S  2.  Subdivision  4 of section 70.00 of the penal law, as amended by
   18  chapter 738 of the laws of 2004, is amended to read as follows:
   19    4. Alternative definite sentence for class D and E  felonies.  When  a
   20  person,  other than a second or persistent felony offender, is sentenced
   21  for a class D or class E felony, and the court,  having  regard  to  the
   22  nature  and  circumstances of the crime and to the history and character
   23  of the defendant, is of the opinion that a sentence of  imprisonment  is
   24  necessary  but  that it would be unduly harsh to impose an indeterminate
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04358-01-9
       A. 2274                             2
    1  or determinate sentence, the court may impose  a  definite  sentence  of
    2  imprisonment and fix a term of one year or less, PROVIDED, HOWEVER, THAT
    3  THE COURT MUST FIX A MINIMUM TERM OF AT LEAST ONE YEAR WHEN THE SENTENCE
    4  IS FOR A CONVICTION OF THE CLASS E FELONY OFFENSE OF AGGRESSIVE DRIVING.
    5    S 3. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.