Bill Text: NY S07894 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-02-28 - REFERRED TO TRANSPORTATION [S07894 Detail]

Download: New_York-2019-S07894-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7894

                    IN SENATE

                                    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:

     1    Section  1. Legislative intent. The Legislature recognizes the height-
     2  ened responsibility of operating a multi-ton car or truck and that  such
     3  motor  vehicle  is  a  dangerous  instrument under state law that, in an
     4  instant, can cause lethal physical harm. For example, when  operating  a
     5  car  at  30  miles  per hour the average risk of a pedestrian dying upon
     6  impact with such car is 40%, at 40 miles per hour the risk of  death  is
     7  80%,  and  at  speeds  greater  than 50 miles per hour the likelihood of
     8  death is near certain at nearly 100%.
     9    When deaths resulting from alcohol-impaired driving were reduced  from
    10  approximately  30,000  annually  in  the  early  1980s across the United
    11  States to approximately 10,000 annually in recent years, that remarkable
    12  reduction was achieved in part by the certainty experienced  by  drivers
    13  that they would suffer legal consequences for driving impaired and risk-
    14  ing  the  lives of themselves and others, resulting from changes in laws
    15  prohibiting impaired driving. However, that certainty does not exist for
    16  other types of dangerous driving. A 2016 survey by the  National  Safety
    17  Council  showed that "[a]lthough 83% of drivers surveyed believe driving
    18  is a safety concern, a startling number say they are comfortable  speed-
    19  ing  (64%)  [and]  texting  either  manually  or  through voice controls
    20  (47%)," whereas far fewer (10%) say they are comfortable  driving  after
    21  they  feel  they've  had  too much alcohol. This shows that, while drunk
    22  driving has become socially unacceptable, most other forms of  dangerous
    23  driving  have  not, and New Yorkers are paying the price with lives lost
    24  and bodies and families shattered. Moreover, the New York  City  Depart-
    25  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

     1  traffic crashes just in New York City  to  be  $4.29  billion  annually,
     2  about 1% of the Gross City Product.
     3    As  evidenced  by  our  country's experience combatting drunk driving,
     4  research has shown that perceived certainty  of  legal  consequences  is
     5  necessary to deter or prevent harmful acts, including dangerous driving.
     6  The  original statutory language of the New York vehicle and traffic law
     7  section 1212 (VTL 1212), in and of itself, is favorable to a  reasonable
     8  standard for reckless or dangerous driving, specifying that driving in a
     9  manner  that  "unreasonably  interferes with" or "unreasonably endangers
    10  [others]" constitutes a violation of that section and is an unclassified
    11  misdemeanor. However, that reasonableness standard has subsequently been
    12  heightened, to an extreme level by  New  York  judicial  interpretations
    13  that  require factors such as a finding of seriously blameworthy conduct
    14  (People v. Boutin and People v. Cabrera), an "affirmative  act"  by  the
    15  driver  (People  v.  Cabrera),  a "gross deviation" from the standard of
    16  conduct a reasonable person would observe, and  additional  "aggravating
    17  factors"  on  behalf  of  the driver -- all judicial interpretations and
    18  elevated mens rea requirements not required by  the  original  statutory
    19  text  for  vehicle  and  traffic law section 1212 Reckless Driving. This
    20  judicially imposed higher mens rea requirement fails  to  recognize  the
    21  awesome responsibility that operating a multi-ton car or truck is and as
    22  a  consequence,  evidenced in part by the staggering injuries and deaths
    23  in our state, the statute has failed to achieve what it  intended.  Cars
    24  and  trucks  are  dangerous  instruments  under  state law and should be
    25  recognized as such when applying vehicle and traffic law  section  1212.
    26  For  these  reasons the Legislature is disapproving of the holdings with
    27  regards to a motor vehicle operator's culpability and state of  mind  in
    28  People v.  Boutin, 75 N.Y.2d 692 (N.Y. 1990); People v. Grogan, 260 N.Y.
    29  138,  183  N.E.  273 (N.Y. 1932); People v. Cabrera, 10 N.Y.3d 370 (N.Y.
    30  2008) and People v. Goldblatt, 98 A.D.3.d 817  N.Y.S.2d  210  (3d  Dept.
    31  2012);  and this legislation would correct the misapplication of vehicle
    32  and traffic law section 1212 in these rulings and restore the statute to
    33  its original intent, namely to deter and prevent dangerous operation  of
    34  heavy  motor vehicles that pose a daily threat to public health and risk
    35  the lives of New Yorkers throughout our state.
    36    § 2. Section 1212 of the vehicle and traffic law, as added by  chapter
    37  47 of the laws of 1988, is amended to read as follows:
    38    § 1212. [Reckless]  Dangerous  driving.  [Reckless]  Dangerous driving
    39  shall mean [driving] operating or using any motor vehicle, motorcycle or
    40  any other vehicle capable only of being propelled  by  any  power  other
    41  than  muscular  power  or any appliance or accessory thereof in a manner
    42  which unreasonably interferes with the free and [proper] safe use of the
    43  public highway, [or] unreasonably endangers users of the public highway,
    44  or fails to exercise ordinary due care. [Reckless] Dangerous driving  is
    45  prohibited.  Every  person violating this provision shall be guilty of a
    46  misdemeanor.  Notwithstanding any other provision of this chapter or the
    47  penal law, every person violating this section and who  causes  physical
    48  injury  to  another  person  shall  be found to have acted with criminal
    49  negligence under section 15.05 of the penal law and shall be guilty of a
    50  class A misdemeanor. A violation of this  section  does  not  require  a
    51  finding  of  a  minimum  number of violations of law or a finding that a
    52  person was aware of, had perceived, or had created the risk of  harm  to
    53  another person.
    54    § 3. Section 509-e of the vehicle and traffic law, as amended by chap-
    55  ter 853 of the laws of 1975, is amended to read as follows:
        S. 7894                             3

     1    § 509-e. Annual review of driving record. Each motor carrier shall, at
     2  least  once  every  twelve months, review the driving record of each bus
     3  driver it  employs  to  determine  whether  that  driver  meets  minimum
     4  requirements  for  safe driving and is qualified to drive a bus pursuant
     5  to  section  five hundred nine-b of this article. In reviewing a driving
     6  record, the motor carrier must consider any evidence that the bus driver
     7  has violated applicable provisions of the vehicle and traffic  law.  The
     8  motor  carrier  must  also consider the driver's accident record and any
     9  evidence that the driver has violated laws governing  the  operation  of
    10  motor  vehicles,  such  as  speeding,  [reckless] dangerous driving, and
    11  operating while under the influence of alcohol or drugs,  that  indicate
    12  that  the driver has exhibited a disregard for the safety of the public.
    13  Such information shall be recorded in the employer's record.
    14    § 4. Subparagraph (ii) of paragraph (a) of subdivision  4  of  section
    15  510-a  of the vehicle and traffic law, as amended by section 1 of part C
    16  of chapter 58 of the laws of 2013, is amended to read as follows:
    17    (ii) is defined as reckless or dangerous driving by state or local law
    18  or regulation;
    19    § 5. Paragraph 10 of subdivision (c) of section 516-b of  the  vehicle
    20  and  traffic  law,  as  added  by chapter 731 of the laws of 1986 and as
    21  renumbered by chapter 298 of the laws of 1991, is  amended  to  read  as
    22  follows:
    23    (10) [Reckless] Dangerous driving; and
    24    §  6.  Subdivision 2 of section 530 of the vehicle and traffic law, as
    25  separately amended by chapters 571 and 732  of  the  laws  of  2006,  is
    26  amended to read as follows:
    27    (2)  Such  license  or  privilege shall not be issued to a person who,
    28  within the four year period immediately preceding the date  of  applica-
    29  tion,  has  been  convicted  within  or without the state of homicide or
    30  assault arising out of the operation of a motor vehicle,  of  criminally
    31  negligent  homicide  or  criminal negligence in the operation of a motor
    32  vehicle resulting in death, or has been convicted within the state of  a
    33  violation  of  subdivision two of section six hundred of this chapter or
    34  of [reckless] dangerous driving. Such license or privilege shall not  be
    35  issued  to  a person whose license or privilege, at the time of applica-
    36  tion, is revoked pursuant to the provisions of subparagraph (x) or  (xi)
    37  of  paragraph  a  of subdivision two of section five hundred ten of this
    38  chapter. Such license or privilege shall not be issued to a person whose
    39  license or privilege is suspended or revoked because of a conviction  of
    40  a  violation  of  subdivision  one, two, two-a, three, four or four-a of
    41  section eleven hundred ninety-two of this chapter or a  similar  offense
    42  in another jurisdiction, or whose license or privilege is revoked by the
    43  commissioner for refusal to submit to a chemical test pursuant to subdi-
    44  vision  two  of section eleven hundred ninety-four of this chapter. Such
    45  license or privilege shall not be issued to a person who within the five
    46  year period immediately preceding  the  date  of  application  for  such
    47  license  or  privilege  has been convicted of a violation of subdivision
    48  one, two, two-a, three, four or four-a of section eleven  hundred  nine-
    49  ty-two  of  this chapter or a similar alcohol-related offense in another
    50  jurisdiction, or whose license or privilege  has  been  revoked  by  the
    51  commissioner for refusal to submit to a chemical test pursuant to subdi-
    52  vision two of section eleven hundred ninety-four of this chapter, except
    53  that  such  a  license  or  privilege may be issued to such a person if,
    54  after such conviction or revocation, such person successfully  completed
    55  an alcohol and drug rehabilitation program established pursuant to arti-
    56  cle  thirty-one  of  this chapter in conjunction with such conviction or
        S. 7894                             4

     1  revocation. Provided, however, that nothing herein shall be construed as
     2  prohibiting an operator from  being  issued  a  limited  or  conditional
     3  license  or  privilege  pursuant  to  any alcohol rehabilitation program
     4  established pursuant to this chapter.
     5    § 7. Item (B) of subparagraph (i) of paragraph (d) of subdivision 1 of
     6  section  1696  of  the vehicle and traffic law, as added by section 2 of
     7  part AAA of chapter 59 of the laws  of  2017,  is  amended  to  read  as
     8  follows:
     9    (B)  [reckless] dangerous driving in violation of section one thousand
    10  two hundred twelve of this chapter;
    11    § 8. Subparagraph (i) of paragraph (b) of  subdivision  2  of  section
    12  1699  of  the  vehicle  and traffic law, as amended by chapter 60 of the
    13  laws of 2017, is amended to read as follows:
    14    (i) stands convicted in the last three years of:  unlawful  fleeing  a
    15  police  officer  in  a  motor  vehicle  in violation of sections 270.35,
    16  270.30 or 270.25 of the  penal  law,  [reckless]  dangerous  driving  in
    17  violation  of  section  twelve hundred twelve of this chapter, operating
    18  while license or privilege is  suspended  or  revoked  in  violation  of
    19  section five hundred eleven of this chapter, excluding subdivision seven
    20  of  such  section,  a  misdemeanor  offense of operating a motor vehicle
    21  while under the influence of alcohol or drugs in  violation  of  section
    22  eleven  hundred  ninety-two  of this chapter, or leaving the scene of an
    23  accident in violation of subdivision two of section six hundred of  this
    24  chapter.  In  calculating the three year period under this subparagraph,
    25  any period of time during which the person was  incarcerated  after  the
    26  commission  of such offense shall be excluded and such three year period
    27  shall be extended by a period or periods equal to the time spent  incar-
    28  cerated;
    29    §  9. Section 1810 of the vehicle and traffic law, as added by chapter
    30  47 of the laws of 1988, is amended to read as follows:
    31    § 1810. Compensation of officers shall not depend upon apprehension or
    32  arrests. (a) No city or village  shall  employ  any  officer,  agent  or
    33  person  whose compensation shall in any way depend upon the apprehension
    34  or arrest of any person or persons for violating any  ordinance  adopted
    35  pursuant  to  section sixteen hundred four of this chapter or for [reck-
    36  less] dangerous driving as defined in section twelve hundred  twelve  of
    37  this chapter. If any person be apprehended or arrested or haled before a
    38  magistrate  for  a  violation  of  a local ordinance adopted pursuant to
    39  section sixteen hundred four or  for  [reckless]  dangerous  driving  as
    40  defined by section twelve hundred twelve of this chapter by any officer,
    41  agent or employee of any city or village who is so employed, the fact of
    42  such  employment  at  the time shall be a defense to any charge made for
    43  violation of such ordinance or for [reckless] dangerous driving.
    44    (b) No county or town shall  employ  any  officer,  agent  or  person,
    45  whether  such employee be elected or appointed, whose compensation shall
    46  in any way depend upon the apprehension or  arrest  of  any  person  for
    47  [reckless] dangerous driving as defined in section twelve hundred twelve
    48  of  this  chapter.  If  any  person  be apprehended or arrested or haled
    49  before a magistrate for [reckless] dangerous driving as so  defined,  by
    50  any officer, agent or employee of any county or town who is so employed,
    51  the fact of such employment at the time shall be a defense to any charge
    52  made  for  [reckless]  dangerous  driving  as  defined in section twelve
    53  hundred twelve of this chapter.
    54    § 10. Paragraph 3 of subsection (b) of section 2335 of  the  insurance
    55  law,  as  amended by chapter 277 of the laws of 2010, is amended to read
    56  as follows:
        S. 7894                             5

     1    (3) operating a motor vehicle in excess of the speed limit, or  [reck-
     2  less]  dangerous  driving,  or any combination thereof, on three or more
     3  occasions;
     4    § 11. Item (v) of subparagraph (A) of paragraph 3 of subsection (m) of
     5  section 3425 of the insurance law is amended to read as follows:
     6    (v)  operating a motor vehicle in excess of the speed limit, or [reck-
     7  less] dangerous driving, or any combination thereof, on  three  or  more
     8  occasions; or
     9    §  12.  The opening paragraph of section 120.04-a of the penal law, as
    10  amended by chapter 496 of the laws  of  2009,  is  amended  to  read  as
    11  follows:
    12    A  person  is  guilty  of  aggravated vehicular assault when he or she
    13  engages in [reckless] dangerous driving as  defined  by  section  twelve
    14  hundred  twelve of the vehicle and traffic law, and commits the crime of
    15  vehicular assault in the second degree as defined in section  120.03  of
    16  this article, and either:
    17    §  13.  The  opening  paragraph of section 125.14 of the penal law, as
    18  amended by chapter 496 of the laws  of  2009,  is  amended  to  read  as
    19  follows:
    20    A  person  is  guilty  of aggravated vehicular homicide when he or she
    21  engages in [reckless] dangerous driving as  defined  by  section  twelve
    22  hundred  twelve of the vehicle and traffic law, and commits the crime of
    23  vehicular manslaughter in the second degree as defined in section 125.12
    24  of this article, and either:
    25    § 14. Section 270.25 of the penal law, as added by chapter 738 of  the
    26  laws of 2006, is amended to read as follows:
    27  § 270.25 Unlawful  fleeing  a  police  officer in a motor vehicle in the
    28             third degree.
    29    A person is guilty of unlawful fleeing a police  officer  in  a  motor
    30  vehicle  in  the  third  degree  when,  knowing  that he or she has been
    31  directed to stop his or her motor vehicle by a uniformed police  officer
    32  or a marked police vehicle by the activation of either the lights or the
    33  lights  and siren of such vehicle, he or she thereafter attempts to flee
    34  such officer or such vehicle by driving at speeds which equal or  exceed
    35  twenty-five  miles  per hour above the speed limit or engaging in [reck-
    36  less] dangerous driving as defined by section twelve hundred  twelve  of
    37  the vehicle and traffic law.
    38    Unlawful  fleeing  a  police  officer  in a motor vehicle in the third
    39  degree is a class A misdemeanor.
    40    § 15. Subdivision 1 of section 2408 of the uniform district court act,
    41  as added by chapter 276 of the laws of  1952,  is  amended  to  read  as
    42  follows:
    43    1.  The  board of judges shall have power to provide, by resolution, a
    44  procedure to govern the payment  of  fines  by  any  person  accused  of
    45  violating any provision of any law, ordinance, rule or regulation relat-
    46  ing  to  vehicular  or  pedestrian traffic, without appearing in person,
    47  except in cases of speeding, [reckless] dangerous driving, leaving scene
    48  of an accident or any charge of a misdemeanor or felony  or  any  charge
    49  which  may  for reasons of public policy require the personal appearance
    50  of the accused, for such period of time as shall be deemed in the public
    51  interest; to fix the fine to be paid in each class of  case  within  the
    52  minimum and maximum amount set by law, ordinance, rule or regulation; to
    53  designate the place or places where such fines may be paid; to prescribe
    54  the form of the summonses to be used and the manner in which the plea of
    55  guilty shall be made; and the manner in which the money shall be paid.
        S. 7894                             6

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