BILL NUMBER: S979
SPONSOR: ROLISON
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to establishing
the offense of aggravated reckless driving
 
PURPOSE:
To establish the offense of aggravated reckless driving and to allow the
seizure and forfeiture of vehicles that drive recklessly.
 
SUMMARY OF PROVISIONS:
Section 1 amends the vehicle and traffic law by adding a new section.
§ 1212-a Aggravated Reckless Driving. 1. A person is guilty of the
offense of aggravated reckless driving when such person commits the
offense of reckless driving as defined section twelve hundred twelve of
this chapter and:
(a) has previously been convicted of reckless driving within the preced-
ing eighteen months;
(b) knows or has reason to know that such person's license or privilege
of operating a motor vehicle in this state or privilege of obtaining a
license to operate such motor vehicle issued by the commissioner is
suspended, revoked or otherwise withdrawn from the commissioner;
(c) in the course of operating a motor vehicle, causes physical injury
to another person;
(d) commits three separate violations of any of the offenses contained
in this title in the course of operating a motor vehicle on a public
highway;
(e) operates a motor vehicle that such person knows or should reasonably
know is unregistered or uninsured.
2. Every person violating this statute shall be guilty of a class E
felony; provided that this section shall not apply where the motor vehi-
cle is a rental vehicle or owned by a rental vehicle company.
Section 2 amends subdivisions five and subdivisions six and eight of
section 511-c of the vehicle and traffic law to include the seizure and
forfeiture of vehicles used in reckless driving under certain circum-
stances.
6. Where a demand for the return of a motor vehicle is not made within
ninety days after the termination of the criminal proceeding founded
upon the charge of aggravated unlicensed operation of a motor vehicle in
the first degree, reckless driving or aggravated reckless driving, such
motor vehicle shall be deemed abandoned.
Section 3 states the effective date.
 
JUSTIFICATION:
Many communities across the state have created local laws and increased
penalties to deal with the influx of individuals driving recklessly on
motorbikes and endangering the safety of others.1,i','
This legislation establishes the offense of aggravated reckless driving
to target repeat offenders, hold those who are breaking the law account-
able and make the roads safer for everyone.
The legislation also expands the seizure and forfeiture of vehicles to
those driving recklessly as another measure to deal with drivers who
repeatedly ignore and violate the law.
 
LEGISLATIVE HISTORY:
2023-24 S7717-A: Referred to Transportation
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
1 https://midhudsonnews.com/2023/03/27/illegal- motorcycles-begin-rac-
ing-in-parking-garage-video/
2 https://www.wamc.org/capital-region-news/2021-04-08/ albany-adopts-
new-law-to-get-dirt-bikes-atvs-off-city-streets
3 https//spectrumlocalnews.com/nys/buffalo/news/2023/05/30/officials--
300-illegal-atvs-dirt-bikes-seized-in-buffalo-since-2021