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A07120 Summary:

BILL NOA07120
 
SAME ASSAME AS S03324
 
SPONSORCusick
 
COSPNSRLentol, 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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7120
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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  § 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  § 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  § 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 ninety-
     9  two-a, or twelve hundred twelve of the vehicle and traffic law, operates
    10  a motor vehicle in violation of any such sections  of  the  vehicle  and
    11  traffic  law,  and in doing so causes serious physical injury to another
    12  person; or (c) when he or she, knowingly has in  effect  three  or  more
    13  suspensions,  imposed  on  at  least three separate dates for failure to
    14  answer, appear, or pay a fine pursuant to subdivision three  of  section
    15  two  hundred twenty-six of the vehicle and traffic law or paragraph a of
    16  subdivision four of section five hundred ten of the vehicle and  traffic
    17  law  and  while operating a motor vehicle causes serious physical injury
    18  to another person.
    19    Dangerous driving in the third degree is a class D felony.
    20  § 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  § 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    § 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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