STATE OF NEW YORK
________________________________________________________________________
1381
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the vehicle and traffic law, in relation to reckless
driving; and to amend the penal law, in relation to criminal negli-
gence involving the use of a motor vehicle
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1212 of the vehicle and traffic law, as added by
2 chapter 47 of the laws of 1988, is amended to read as follows:
3 § 1212. Reckless driving. Reckless driving shall mean driving or using
4 any motor vehicle, motorcycle or any other vehicle propelled by any
5 power other than muscular power or any appliance or accessory thereof in
6 a manner which (1) unreasonably interferes with the free and proper use
7 of the public highway, or (2) unreasonably endangers users of the public
8 highway, or (3) is reckless within the meaning of section 15.05 of the
9 penal law. [Reckless] All such driving is prohibited. Every person
10 violating this provision shall be guilty of a misdemeanor.
11 § 2. The penal law is amended by adding a new section 15.07 to read as
12 follows:
13 § 15.07 Culpability; criminal negligence involving the use of a motor
14 vehicle.
15 Notwithstanding section 15.05 of this article, a person may be found
16 to have acted with criminal negligence involving the use of a motor
17 vehicle with respect to a homicide, as defined under section 125.10 of
18 this chapter, or an assault, as defined under section 120.00 of this
19 chapter, if it is established that he or she was recklessly driving, as
20 defined under section one thousand two hundred twelve of the vehicle and
21 traffic law.
22 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02459-01-9