BILL NUMBER: S5411
SPONSOR: LANZA
 
TITLE OF BILL:
An act to amend the penal law, in relation to creating the crimes of
dangerous driving in the fifth, fourth, third, second and first degrees
 
PURPOSE OR GENERAL IDEA OF BILL:
Amends the Penal Law to impose criminal liability on drivers who contin-
ue to operate motor vehicles in violation of the vehicle and traffic law
and cause injury as a result.
 
SUMMARY OF SPECIFIC PROVISIONS:
Amends the Penal Law to create crimes of Dangerous Driving, by adding
new provisions which impose criminal liability on drivers who continue
to operate motor vehicles in an unsafe manner or with suspended
licenses. If a motorist has been convicted of two violations of the
Vehicle and Traffic Law and has an accident that causes physical injury
or death while operating a vehicle in violation of law, that driver
would be guilty of a separate criminal offense and subject to criminal
liability. The penalties range from one year to twenty five years
depending on the severity of the injury.
 
JUSTIFICATION:
Drivers who continue to operate motor vehicles in an unsafe manner
should not be able to escape criminal liability for causing "accidents"
which injure innocent drivers or pedestrians. A person who has prior
convictions for unsafe driving should not continue to drive in a manner
that is dangerous to others. These dangerous drivers who cause injury to
others in what is incorrectly deemed an "accident" should face criminal
prosecution for continually flaunting the rules of the road. Also, driv-
ers who operate motor vehicles with a suspended license or no license
must be prosecuted if they cause injury to others. A license to drive is
a privilege and not a license to kill or injure. Those who flagrantly
violate the Vehicle and Traffic Law must be held accountable for the
injuries they cause. This legislation sends a clear message that we
will no longer permit dangerous drivers to escape responsibility for
their misconduct by incorrectly calling it an "accident."
 
PRIOR LEGISLATIVE HISTORY:
2024: S.4093 - Referred to Codes
2023: S.4093 - Referred to Codes
2022: S.4904 - Referred to Codes
2021: S.4904 - Referred to Codes
2020: S.1786 - Referred to Codes / A.5101 - Referred to Codes
2019: S.1786 - Referred to Codes / A.5101 - Referred to Codes
2018: S.3313 - Third Reading Calendar / A.3588 - Referred to Codes
2017: S.3313 - Passed Senate / A.3588 - Referred to Codes
2016: S.3324 - Passed Senate / A.7120 - Referred to Codes
2015: S.3324 - Passed Senate / A.7120 - Referred to Codes
2014: S.2479 - Referred to Codes / A.521 Referred to Codes
2011-2012: A.365 - Died in Codes / S.5097 - Died in Codes
2009-2010: A.2589 - Died in Transportation
2008: A.2649-A - Died in Codes / S.5584 - Passed Senate
2007: A.2649 S.5584-A Remained in Codes
2005-2006: A.7885 / S.5333 - Died in Codes
2004: A.10542 - Died in Codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
1st of November next succeeding that date on which it shall become law