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A05422 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5422
 
SPONSOR: Vanel
  TITLE OF BILL: An act to amend the penal law and the vehicle and traffic law, in relation to the reckless use or operation of a vehicle in concert with another   PURPOSE OR GENERAL IDEA OF BILL: Relates to the reckless use or operation of a vehicle in concert with another   SUMMARY OF PROVISIONS: 125.15: Amends the crime of manslaughter in the second degree to include a person reckless driving in concert with another where such other person causes the death or another as a result of such reckless driving. Defines "in concert." 389: Creates joint and several liability for persons driving recklessly in concert with one another for death or injury to persons or property. Requires all bonds executed by or policies of insurance to contain a provision for indemnity or security against this type of liability.   JUSTIFICATION: Street racing and group reckless driving present a severe and immediate danger to motorists. When individuals engage in street racing or reck- less driving in concert with others, they do so in a mutual, high-stakes context that not only risks their own lives, but the lives of pedestri- ans and others on the road. Group reckless driving creates a pack mentality that escalates the potential for harm, where drivers actively amplify and encourage each other's. dangerous conduct. Currently, only the person who actually causes the harm will be directly punished for it, both civilly and criminally, leaving those who fueled their reckless behavior unaccountable. By holding all involved parties responsible for manslaughter and civil actions related to loss of life or harm to persons property, the state can mitigate reckless driving by making it clear to all reckless drivers that they will also be responsi- ble for the conduct of individuals whose driving is outside of their control, forcing them to think twice about endangering the lives of others.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: TBD   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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