Includes the reckless use or operation of a vehicle in concert with another as part of the crime of manslaughter in the second degree; clarifies liability as a result of the reckless use or operation of a vehicle in concert with another.
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.
