S03858 Summary:

BILL NO    S03858 

SAME AS    No same as 

SPONSOR    ESPAILLAT

COSPNSR    AVELLA, DILAN, PERKINS

MLTSPNSR   

Add S1254, amd S510, V & T L

Relates to the performance of illegal maneuvers while operating a motorcycle;
establishes penalties where harm to another results from an illegal maneuver.
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S03858 Actions:

BILL NO    S03858 

02/20/2015 REFERRED TO TRANSPORTATION
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S03858 Text:

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

                                         3858

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                   February 20, 2015
                                      ___________

       Introduced  by Sens. ESPAILLAT, AVELLA, DILAN, PERKINS -- 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, in relation to performance
         of illegal maneuvers while operating a motorcycle

         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 1254 to read as follows:
    3    S 1254. PERFORMANCE OF AN ILLEGAL MANEUVER WHILE OPERATING A  MOTORCY-
    4  CLE.  (A)  "ILLEGAL  MANEUVER"  SHALL MEAN ANY MANEUVER PERFORMED BY THE
    5  OPERATOR OF A MOTORCYCLE WHICH REQUIRES THE FRONT OR REAR WHEEL OF  SUCH
    6  MOTORCYCLE  TO LEAVE CONTACT WITH THE ROAD, OR ANY MANEUVER DESCRIBED IN
    7  SUBDIVISIONS (B) AND (C) OF SECTION TWELVE  HUNDRED  FIFTY-TWO  OF  THIS
    8  ARTICLE.  ILLEGAL  MANEUVER  SHALL  NOT  MEAN  A MANEUVER PERFORMED BY A
    9  MOTORCYCLE WITH A SIDE PASSENGER TRUCK ATTACHMENT,  IN  WHICH  THE  SIDE
   10  TRUCK LEAVES THE ROAD IN THE COURSE OF TAKING A TURN.
   11    (B) AN OPERATOR OF A MOTORCYCLE THAT PERFORMS AN ILLEGAL MANEUVER THAT
   12  RESULTS IN PROPERTY DAMAGE OR BODILY HARM OF ANOTHER SHALL BE PUNISHABLE
   13  BY  A  FINE  NOT TO EXCEED TWENTY-FIVE HUNDRED DOLLARS AND THE AUTOMATIC
   14  REVOCATION OF THE OPERATOR'S LICENSE AND REGISTRATION FOR  A  PERIOD  OF
   15  ONE YEAR.
   16    (C) AN OPERATOR OF A MOTORCYCLE THAT PERFORMS AN ILLEGAL MANEUVER THAT
   17  RESULTS  IN  PROPERTY  DAMAGE  OR BODILY HARM OF ANOTHER WITHIN EIGHTEEN
   18  MONTHS OF A PRIOR CONVICTION WHERE THE  VIOLATOR  PERFORMED  AN  ILLEGAL
   19  MANEUVER  THAT  RESULTED  IN  PROPERTY DAMAGE OR BODILY HARM OF ANOTHER,
   20  SHALL BE PUNISHABLE BY THE FORFEITURE OF THE OPERATOR'S  MOTORCYCLE  AND
   21  THE  AUTOMATIC REVOCATION OF THE OPERATOR'S LICENSE AND REGISTRATION FOR
   22  A PERIOD OF TWO YEARS.
   23    S 2. Subparagraphs (xii) and (xiii) of paragraph a of subdivision 2 of
   24  section 510 of the vehicle and traffic law, as added  by  section  1  of

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08930-01-5
       S. 3858                             2

    1  part  B  of  chapter  55  of  the  laws of 2014, are amended and two new
    2  subparagraphs (xiv) and (xv) are added to read as follows:
    3    (xii)  of  a second or subsequent conviction of a violation of section
    4  twelve hundred twenty-five-c or section twelve hundred twenty-five-d  of
    5  this chapter committed where such person is the holder of a probationary
    6  license,  as  defined in subdivision four of section five hundred one of
    7  this title, at the time of the commission of  such  violation  and  such
    8  second or subsequent violation was committed within six months following
    9  the restoration or issuance of such probationary license; [or]
   10    (xiii)  of a second or subsequent conviction of a violation of section
   11  twelve hundred twenty-five-c or section twelve hundred twenty-five-d  of
   12  this  chapter committed where such person is the holder of a class DJ or
   13  MJ learner's permit or a class DJ or MJ  license  at  the  time  of  the
   14  commission of such violation and such second or subsequent violation was
   15  committed  within six months following the restoration of such permit or
   16  license[.];
   17    (XIV) OF A VIOLATION OF SUBDIVISION  (B)  OF  SECTION  TWELVE  HUNDRED
   18  FIFTY-FOUR  OF  THIS  CHAPTER SHALL RESULT IN A LICENSE AND REGISTRATION
   19  REVOCATION OF ONE YEAR; OR
   20    (XV) OF A SECOND  VIOLATION  OF  SUBDIVISION  (B)  OF  SECTION  TWELVE
   21  HUNDRED  FIFTY-FOUR OF THIS CHAPTER SHALL RESULT IN A LICENSE AND REGIS-
   22  TRATION REVOCATION OF TWO YEARS.
   23    S 3. This act shall take effect on the one hundred sixtieth day  after
   24  it shall have become a law.
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