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A07120 Summary:

BILL NO    A07120 

SAME AS    SAME AS S03324

SPONSOR    Cusick (MS)

COSPNSR    Lentol, Galef, Titone

MLTSPNSR   

Add SS120.71 - 120.75, Pen L

Creates the crimes of dangerous driving in the fifth, fourth, third, second and
first degrees; imposes criminal liability on drivers who continue to operate
motor vehicles in violation of the vehicle and traffic law and cause injury as
a result.
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A07120 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7120

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                    April 24, 2015
                                      ___________

       Introduced  by  M.  of A. CUSICK, LENTOL, GALEF, TITONE -- read once and
         referred to the Committee on Codes

       AN ACT to amend the penal law, in relation to  creating  the  crimes  of
         dangerous  driving  in  the  fifth,  fourth,  third,  second and first
         degrees

         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 five new sections
    2  120.71, 120.72, 120.73, 120.74 and 120.75 to read as follows:
    3  S 120.71 DANGEROUS DRIVING IN THE FIFTH DEGREE.
    4    A PERSON IS GUILTY OF DANGEROUS DRIVING IN THE FIFTH DEGREE,  WHEN  HE
    5  OR  SHE,  HAVING  BEEN CONVICTED WITHIN THE PRECEDING EIGHTEEN MONTHS OF
    6  ANY TWO VIOLATIONS OF SECTION FIVE HUNDRED NINE,  FIVE  HUNDRED  ELEVEN,
    7  SIX HUNDRED, ELEVEN HUNDRED EIGHTY-TWO, ELEVEN HUNDRED NINETY-TWO, ELEV-
    8  EN  HUNDRED  NINETY-TWO-A  OR  TWELVE  HUNDRED TWELVE OF THE VEHICLE AND
    9  TRAFFIC LAW, OPERATES A MOTOR  VEHICLE  IN  VIOLATION  OF  ANY  OF  SUCH
   10  SECTIONS OF THE VEHICLE AND TRAFFIC LAW, AND IN DOING SO CAUSES PHYSICAL
   11  INJURY TO ANOTHER PERSON.
   12    DANGEROUS DRIVING IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
   13  S 120.72 DANGEROUS DRIVING IN THE FOURTH DEGREE.
   14    A  PERSON IS GUILTY OF DANGEROUS DRIVING IN THE FOURTH DEGREE, WHEN HE
   15  OR SHE, KNOWINGLY HAS IN EFFECT THREE OR MORE SUSPENSIONS, IMPOSED ON AT
   16  LEAST THREE SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR PAY A  FINE
   17  PURSUANT  TO  SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX OF THE
   18  VEHICLE AND TRAFFIC LAW OR PARAGRAPH A OF SUBDIVISION  FOUR  OF  SECTION
   19  FIVE  HUNDRED  TEN  OF THE VEHICLE AND TRAFFIC LAW AND WHILE OPERATING A
   20  MOTOR VEHICLE CAUSES PHYSICAL INJURY TO ANOTHER PERSON.
   21    DANGEROUS DRIVING IN THE FOURTH DEGREE IS A CLASS E FELONY.
   22  S 120.73 DANGEROUS DRIVING IN THE THIRD DEGREE.
   23    A PERSON IS GUILTY OF DANGEROUS DRIVING IN THE THIRD DEGREE,  WHEN  HE
   24  OR  SHE, (A) KNOWINGLY HAS IN EFFECT TEN OR MORE SUSPENSIONS, IMPOSED ON

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01081-01-5
       A. 7120                             2

    1  AT LEAST TEN SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR PAY A FINE
    2  PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX  OF  THE
    3  VEHICLE  AND  TRAFFIC  LAW OR PARAGRAPH A OF SUBDIVISION FOUR OF SECTION
    4  FIVE  HUNDRED  TEN  OF THE VEHICLE AND TRAFFIC LAW AND WHILE OPERATING A
    5  MOTOR VEHICLE CAUSES PHYSICAL INJURY TO ANOTHER PERSON; (B) HAVING  BEEN
    6  CONVICTED  WITHIN THE PRECEDING EIGHTEEN MONTHS OF ANY TWO VIOLATIONS OF
    7  SECTION FIVE HUNDRED NINE, FIVE  HUNDRED  ELEVEN,  SIX  HUNDRED,  ELEVEN
    8  HUNDRED   EIGHTY-TWO,   ELEVEN   HUNDRED   NINETY-TWO,   ELEVEN  HUNDRED
    9  NINETY-TWO-A, OR TWELVE HUNDRED TWELVE OF THE VEHICLE AND  TRAFFIC  LAW,
   10  OPERATES  A MOTOR VEHICLE IN VIOLATION OF ANY SUCH SECTIONS OF THE VEHI-
   11  CLE AND TRAFFIC LAW, AND IN DOING SO CAUSES SERIOUS PHYSICAL  INJURY  TO
   12  ANOTHER  PERSON; OR (C) WHEN HE OR SHE, KNOWINGLY HAS IN EFFECT THREE OR
   13  MORE SUSPENSIONS, IMPOSED ON AT LEAST THREE SEPARATE DATES  FOR  FAILURE
   14  TO  ANSWER,  APPEAR,  OR  PAY  A  FINE  PURSUANT TO SUBDIVISION THREE OF
   15  SECTION TWO HUNDRED TWENTY-SIX OF THE VEHICLE AND TRAFFIC LAW  OR  PARA-
   16  GRAPH  A  OF SUBDIVISION FOUR OF SECTION FIVE HUNDRED TEN OF THE VEHICLE
   17  AND TRAFFIC LAW AND WHILE OPERATING A MOTOR VEHICLE CAUSES SERIOUS PHYS-
   18  ICAL INJURY TO ANOTHER PERSON.
   19    DANGEROUS DRIVING IN THE THIRD DEGREE IS A CLASS D FELONY.
   20  S 120.74 DANGEROUS DRIVING IN THE SECOND DEGREE.
   21    A PERSON IS GUILTY OF DANGEROUS DRIVING IN THE SECOND DEGREE, WHEN  HE
   22  OR  SHE, (A) KNOWINGLY HAS IN EFFECT TEN OR MORE SUSPENSIONS, IMPOSED ON
   23  AT LEAST TEN SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR PAY A FINE
   24  PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX  OF  THE
   25  VEHICLE  AND  TRAFFIC  LAW OR PARAGRAPH A OF SUBDIVISION FOUR OF SECTION
   26  FIVE HUNDRED TEN OF THE VEHICLE AND TRAFFIC LAW AND  WHILE  OPERATING  A
   27  MOTOR  VEHICLE  CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON; OR (B)
   28  HAVING BEEN CONVICTED WITHIN THE PRECEDING EIGHTEEN MONTHS  OF  ANY  TWO
   29  VIOLATIONS  OF  SECTION  FIVE  HUNDRED  NINE,  FIVE  HUNDRED ELEVEN, SIX
   30  HUNDRED, ELEVEN HUNDRED EIGHTY-TWO, ELEVEN  HUNDRED  NINETY-TWO,  ELEVEN
   31  HUNDRED  NINETY-TWO-A, OR TWELVE HUNDRED TWELVE OF THE VEHICLE AND TRAF-
   32  FIC LAW, HE OR SHE OPERATES A MOTOR VEHICLE IN VIOLATION OF ANY OF  SUCH
   33  SECTIONS  OF  THE  VEHICLE  AND  TRAFFIC LAW, AND IN DOING SO CAUSES THE
   34  DEATH OF ANOTHER PERSON.
   35    DANGEROUS DRIVING IN THE SECOND DEGREE IS A CLASS C FELONY.
   36  S 120.75 DANGEROUS DRIVING IN THE FIRST DEGREE.
   37    A PERSON IS GUILTY OF DANGEROUS DRIVING IN THE FIRST DEGREE,  WHEN  HE
   38  OR  SHE,  KNOWINGLY HAS IN EFFECT TEN OR MORE SUSPENSIONS, IMPOSED ON AT
   39  LEAST TEN SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR  PAY  A  FINE
   40  PURSUANT  TO  SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX OF THE
   41  VEHICLE AND TRAFFIC LAW OR PARAGRAPH A OF SUBDIVISION  FOUR  OF  SECTION
   42  FIVE  HUNDRED  TEN  OF THE VEHICLE AND TRAFFIC LAW AND WHILE OPERATING A
   43  MOTOR VEHICLE CAUSES THE DEATH OF ANOTHER PERSON.
   44    DANGEROUS DRIVING IN THE FIRST DEGREE IS A CLASS B FELONY.
   45    S 2. This act shall take effect on the first of November next succeed-
   46  ing the date on which it shall have become a law.
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