BILL NUMBER: S7404
SPONSOR: MARTINEZ
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to aggravated
reckless driving
 
PURPOSE:
Relates to establishing the offense of aggravated reckless driving.
 
SUMMARY OF PROVISIONS:
Section 1. Section 1212 of the vehicle and traffic law is amended to add
(ii) aggravated reckless driving shall mean reckless driving involving
harm to an identifiable person or property and shall constitute a class
A misdemeanor.
 
JUSTIFICATION:
This bill amends the Vehicle and Traffic Law to include a provision
creating an aggravated reckless driving offense that would, in certain
specified circumstances, qualify as a bail-eligible offense. Under
recent bail reform efforts (see generally CPL 500.10, et. seq.), cash
bail was eliminated for most misdemeanors and non-violent felonies. As
relevant here, certain exceptions to the elimination of bail apply to
so-called repeat offenders, such that felonies that would not normally
constitute bail-qualifying offenses may become qualifying offenses when:
(1) committed by an offender serving a sentence of probation or PRS; or
(2) the offense subjects the defendant to sentencing on that felony as a
persistent felony offender.
Additionally, amendments made in 2020 and 2022 define a qualifying
offense as "any felony or class A misdemeanor involving harm to an iden-
tifiable person or property...where such charge arose from conduct
occurring while the defendant was released on his or her own recogni-
zance or released under conditions" (CPL 510.10) The underlying crimes
themselves "need not be a qualifying offense" (id.)
Currently, Vehicle and Traffic Law (VTL) 1212 defines reckless driving
as "driving or using any motor vehicle...in a manner which unreasonably
interferes with the free and proper use of the highway, or unreasonably
endangers users of the public highway," the violation of which consti-
tutes a misdemeanor. For a first offense, the violation is an unclassi-
fied misdemeanor; subsequent offenses are subject to enhanced penalties.
Accordingly, even under the expansion of repeat offenses that can
constitute qualifying offenses, the amendments do not encompass reckless
driving. This bill seeks to ensure that those who continue to drive
recklessly do not continue this behavior before trial.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7404: 1212 vehicle and traffic law