STATE OF NEW YORK ________________________________________________________________________ 3943 2025-2026 Regular Sessions IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. BEEPHAN -- read once and referred to the Commit- tee on Transportation AN ACT to amend the vehicle and traffic law, in relation to establishing the offense of aggravated reckless driving The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 1212-a to read as follows: 3 § 1212-a. Aggravated reckless driving. 1. A person is guilty of the 4 offense of aggravated reckless driving when such person commits the 5 offense of reckless driving as defined in section twelve hundred twelve 6 of this article and: 7 (a) has previously been convicted of reckless driving within the 8 preceding eighteen months; 9 (b) knows or has reason to know that such person's license or privi- 10 lege of operating a motor vehicle in this state or privilege of obtain- 11 ing a license to operate such motor vehicle issued by the commissioner 12 is suspended, revoked or otherwise withdrawn from the commissioner; 13 (c) in the course of operating a motor vehicle, causes physical injury 14 to another person; 15 (d) commits three separate violations of any of the offenses contained 16 in this title in the course of operating a motor vehicle on a public 17 highway; or 18 (e) operates a motor vehicle that such person knows or should reason- 19 ably know is unregistered or uninsured. 20 2. Every person violating this statute shall be guilty of a class E 21 felony; provided that this section shall not apply where the motor vehi- 22 cle operated in violation of this section or section twelve hundred 23 twelve of this article is a rental vehicle as defined in paragraph (k) 24 of subdivision one of section three hundred ninety-six-z of the general 25 business law or is owned by a rental vehicle company, as defined in 26 paragraph (c) of subdivision one of such section. 27 § 2. The section heading, subdivision 2, subparagraph (ii) of para- 28 graph (a) of subdivision 5, and subdivisions 6 and 8 of section 511-c of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01595-01-5
A. 3943 2 1 the vehicle and traffic law, as added by chapter 607 of the laws of 2 1993, are amended to read as follows: 3 Seizure and forfeiture of vehicles used in the unlicensed operation of 4 a motor vehicle and reckless driving under certain circumstances. 5 2. Any motor vehicle which has been or is being used in violation of 6 paragraph (a) of subdivision three of section five hundred eleven, 7 section twelve hundred twelve, or section twelve hundred twelve-a of 8 this [article] chapter may be seized by any peace officer, acting pursu- 9 ant to [his or her] such peace officer's special duties, or police offi- 10 cer, and forfeited as hereinafter provided in this section. 11 (ii) The person seeking to claim the motor vehicle has furnished 12 satisfactory evidence of registration and financial security and, if the 13 person was the operator of the vehicle at the time of the violation of 14 paragraph (a) of subdivision three of section five hundred eleven, 15 section twelve hundred twelve, or section twelve hundred twelve-a of 16 this [article] chapter, satisfactory evidence of payment of any fines or 17 penalties imposed in connection therewith; and 18 6. Where a demand for the return of a motor vehicle is not made within 19 ninety days after the termination of the criminal proceeding founded 20 upon the charge of aggravated unlicensed operation of a motor vehicle in 21 the first degree, reckless driving, or aggravated reckless driving, such 22 motor vehicle shall be deemed to be abandoned. Such vehicle shall be 23 disposed of by the county, cities of New York, Yonkers, Rochester or 24 Buffalo or the state, as applicable, in accordance with section twelve 25 hundred twenty-four of this chapter or as otherwise provided by law. 26 8. Any owner who receives notice of the institution of a forfeiture 27 action who claims an interest in the motor vehicle subject to forfeiture 28 shall assert a claim for the recovery of the motor vehicle or satisfac- 29 tion of the owner's interest in such motor vehicle by intervening in the 30 forfeiture action in accordance with subdivision (a) of section one 31 thousand twelve of the civil practice law and rules. Any person with a 32 security interest in such vehicle who receives notice of the institution 33 of the forfeiture action shall assert a claim for the satisfaction of 34 such person's security interest in such vehicle by intervening in the 35 forfeiture action in accordance with subdivision (a) of section one 36 thousand twelve of the civil practice law and rules. If the action 37 relates to a vehicle in which a person holding a security interest has 38 intervened pursuant to this subdivision, the burden shall be upon the 39 designated official to prove by clear and convincing evidence that such 40 intervenor knew that such vehicle was or would be used for the commis- 41 sion of a violation of subparagraph (ii) of paragraph (a) of subdivision 42 three of section five hundred eleven, section twelve hundred twelve, or 43 section twelve hundred twelve-a of [the vehicle and traffic law] this 44 chapter and either (a) knowingly and unlawfully benefitted from such 45 conduct or (b) voluntarily agreed to the use of the vehicle for the 46 commission of such violation by consent freely given. For purposes of 47 this subdivision, such intervenor knowingly and unlawfully benefited 48 from the commission of such violation when [he or she] such intervenor 49 derived in exchange for permitting the use of such vehicle by a person 50 or persons committing such specified violation a substantial benefit 51 that would otherwise not have accrued as a result of the lawful use of 52 such vehicle. "Benefit" means benefit as defined in subdivision seven- 53 teen of section 10.00 of the penal law. 54 § 3. This act shall take effect immediately.