New York Senate Bill S04093 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 4093 2023-2024 Regular Sessions  IN SENATE February 3, 2023 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed 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. LBD08453-01-3 
 S. 4093 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.