Bill Text: NY A09605 | 2019-2020 | General Assembly | Introduced
Bill Title: Enacts the vehicular violence accountability act defining vehicular violence and establishing related offenses.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-27 - referred to transportation [A09605 Detail]
Download: New_York-2019-A09605-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9605 IN ASSEMBLY January 27, 2020 ___________ Introduced by M. of A. GOTTFRIED -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law and the penal law, in relation to enacting the "vehicular violence accountability act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "vehicular violence accountability act". 3 § 2. Subparagraph (i) of paragraph (a) and paragraphs (b) and (d) of 4 subdivision 4 of section 502 of the vehicle and traffic law, as amended 5 by chapter 513 of the laws of 2019, are amended and a new paragraph 6 (c-5) is added to read as follows: 7 (i) Upon submission of an application for a driver's license, the 8 applicant shall be required to take and pass a test, or submit evidence 9 of passage of a test, with respect to the laws relating to traffic, the 10 laws relating to driving while ability is impaired and while intoxicat- 11 ed, under the overpowering influence of "Road Rage", "Work Zone Safety" 12 awareness and "Motorcycle Safety" awareness as defined by the commis- 13 sioner, "School Bus Safety" awareness, the laws relating to vehicular 14 violence, the law relating to exercising due care to avoid colliding 15 with a parked, stopped or standing authorized emergency vehicle or 16 hazard vehicle pursuant to section eleven hundred forty-four-a of this 17 chapter, the ability to read and comprehend traffic signs and symbols 18 and such other matters as the commissioner may prescribe, and to satis- 19 factorily complete a course prescribed by the commissioner of not less 20 than four hours and not more than five hours, consisting of classroom 21 driver training and highway safety instruction or the equivalent there- 22 of. Such test shall include at least seven written questions concerning 23 the effects of consumption of alcohol or drugs on the ability of a 24 person to operate a motor vehicle and the legal and financial conse- 25 quences resulting from violations of section eleven hundred ninety-two 26 of this chapter, prohibiting the operation of a motor vehicle while 27 under the influence of alcohol or drugs. Such test shall include one or 28 more written questions concerning the devastating effects of "Road Rage" EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14127-03-9A. 9605 2 1 on the ability of a person to operate a motor vehicle and the legal and 2 financial consequences resulting from assaulting, threatening or inter- 3 fering with the lawful conduct of another person legally using the road- 4 way. Such test shall include one or more questions concerning the poten- 5 tial dangers to persons and equipment resulting from the unsafe 6 operation of a motor vehicle in a work zone. Such test may include one 7 or more questions concerning motorcycle safety. Such test may include 8 one or more questions concerning the law for exercising due care to 9 avoid colliding with a parked, stopped or standing vehicle pursuant to 10 section eleven hundred forty-four-a of this chapter. Such test may 11 include one or more questions concerning school bus safety. Such test 12 may include one or more questions concerning vehicular violence. Such 13 test shall be administered by the commissioner. The commissioner shall 14 cause the applicant to take a vision test and a test for color blind- 15 ness. Upon passage of the vision test, the application may be accepted 16 and the application fee shall be payable. 17 (b) Upon successful completion of the requirements set forth in para- 18 graph (a) of this subdivision which shall include an alcohol and drug 19 education component as described in paragraph (c) of this subdivision, a 20 "Road Rage" awareness component as described in paragraph (c-1) of this 21 subdivision and a "Work Zone Safety" awareness component as described in 22 paragraph (c-2) of this subdivision, a "Motorcycle Safety" awareness 23 component as described in paragraph (c-3) of this subdivision, [and] a 24 "School Bus Safety" awareness component as described in paragraph (c-4) 25 of this subdivision, and a vehicular violence awareness component as 26 described in paragraph (c-5) of this subdivision the commissioner shall 27 cause the applicant to take a road test in a representative vehicle of a 28 type prescribed by the commissioner which shall be appropriate to the 29 type of license for which application is made, except that the commis- 30 sioner may waive the road test requirements for certain classes of 31 applicants. The commissioner shall have the power to establish a program 32 to allow persons other than employees of the department to conduct road 33 tests in representative vehicles when such tests are required for appli- 34 cants to obtain a class A, B or C license. If she chooses to do so, she 35 shall set forth her reasons in writing and conduct a public hearing on 36 the matter. She shall only establish such a program after holding the 37 public hearing. 38 (c-5) Vehicular violence awareness component. (i) The commissioner 39 shall provide in the pre-licensing course, set forth in paragraph (b) of 40 this subdivision, a mandatory component in vehicular violence awareness 41 education as a prerequisite for obtaining a license to operate a motor 42 vehicle. The purpose of the component is to educate prospective licen- 43 sees on the dangers of committing a vehicular crime that causes injury 44 or death to another individual. 45 (ii) The commissioner shall establish a curriculum for the vehicular 46 violence awareness component which shall include, but shall not be 47 limited to, an overview of laws governing conduct committed while oper- 48 ating a motorized vehicle that causes injury or death to another person, 49 including but not limited to an explanation of the laws contained in 50 article one hundred twenty-six of the penal law. 51 (iii) In developing such curriculum, the commissioner shall consult 52 with the commissioner of transportation. 53 (d) The commissioner shall make available for distribution upon regis- 54 tration at each location where the pre-licensing course will be given, 55 instructional handbooks outlining the content of the entire curriculum 56 of the pre-licensing course including the information required to beA. 9605 3 1 included in the course pursuant to paragraphs (c), (c-1), (c-2), (c-3) 2 [and], (c-4) and (c-5) of this subdivision. The commissioner shall also 3 provide for the additional training of the instructors necessary for the 4 competent instruction of the alcohol and drug education, "Road Rage" 5 awareness, "Work Zone Safety" awareness, "Motorcycle Safety" awareness 6 [and], "School Bus Safety" awareness and vehicular violence awareness 7 subject matters of the pre-licensing course. 8 § 3. The penal law is amended by adding a new article 126 to read as 9 follows: 10 ARTICLE 126 11 VEHICULAR VIOLENCE 12 Section 126.00 Vehicular violence defined. 13 126.05 Serious physical injury by vehicle. 14 126.10 Aggravated serious physical injury by vehicle. 15 126.15 Death by vehicle. 16 126.20 Aggravated death by vehicle. 17 § 126.00 Vehicular violence defined. 18 The following definitions are applicable to this article: 19 1. "Vehicular violence" means conduct committed while operating a 20 motorized vehicle, other than driving under the influence of alcohol or 21 drugs, that negligently causes injury or death to another individual. 22 2. "Failure to exercise due care" means ordinary or civil negligence. 23 3. "A specified traffic infraction" means any moving violation reason- 24 ably related to the safety of pedestrians and bicyclists as well as any 25 of the following traffic rules or regulations as defined in section 26 eleven hundred ten (obedience to and required traffic-control devices); 27 section eleven hundred eleven (traffic-control signal indications); 28 section eleven hundred thirteen (flashing signal indications); section 29 eleven hundred twenty (drive on right side of roadway; exceptions); 30 section eleven hundred forty-two (vehicle entering stop or yield inter- 31 section); section eleven hundred forty-five (vehicle approaching rotary 32 traffic circle or island); section eleven hundred forty-six (drivers to 33 exercise due care) section eleven hundred fifty-one-a (pedestrians' 34 right of way on sidewalks); section eleven hundred sixty (required posi- 35 tion and method of turning at intersections); section eleven hundred 36 sixty- one (U turns in certain areas prohibited); section eleven hundred 37 sixty-three (turning movements and required signal); section eleven 38 hundred seventy (obedience to signal indicating approach of train); 39 section eleven hundred seventy-one (certain vehicles must stop at all 40 railroad grade crossings); section eleven hundred seventy-two (stop 41 signs and yield signs); section eleven hundred seventy-three (emerging 42 from alley, driveway, private road or building); section eleven hundred 43 seventy-four (overtaking and passing school bus); section eleven hundred 44 eighty (basic rule and maximum limits); section eleven hundred eighty- 45 two (speed contests and races); section twelve hundred twelve (reckless 46 driving); section twelve hundred twenty-five (avoiding intersections or 47 traffic-control device); section twelve hundred twenty-five-a (driving 48 on sidewalks); section twelve hundred twenty-five-c (use of mobile tele- 49 phones); section twelve hundred twenty-five-d (use of portable electron- 50 ic devices) of the vehicle and traffic law; or any state or local stat- 51 ute reasonably related to the safe operation of a motor vehicle. 52 4. "Motorized vehicle" means any motor vehicle defined in the vehicle 53 and traffic law; or any motorcycle, ATV, or motor driven cycle or 54 wheeled device, other than an electrically driven mobility assistance 55 device.A. 9605 4 1 5. "Commissioner" means the commissioner of motor vehicles of this 2 state. 3 § 126.05 Serious physical injury by vehicle. 4 A person is guilty of serious physical injury by vehicle when such 5 person fails to exercise due care while operating a motorized vehicle 6 and commits a specified traffic infraction, as defined in subdivision 7 three of section 126.00 of this article, and the commission of the spec- 8 ified traffic infraction is the proximate cause of serious physical 9 injury to another person. 10 Serious physical injury by vehicle is a class B misdemeanor. 11 § 126.10 Aggravated serious physical injury by vehicle. 12 A person is guilty of aggravated serious physical injury by vehicle 13 when such person commits the crime of serious physical injury by vehicle 14 as defined in section 126.05 of this article, and: 15 1. Knows or has reason to know that such person's license or privilege 16 of operating a motor vehicle in this state, or privilege of obtaining a 17 license to operate a motor vehicle issued by the commissioner is 18 suspended, revoked or otherwise withdrawn by the commissioner if: (a) 19 the suspension, revocation, or withdrawal was based upon a conviction of 20 a violation of any provision of section eleven hundred ninety-two of the 21 vehicle and traffic law; or (b) the suspension, revocation, or with- 22 drawal was based upon a refusal to submit to a chemical test pursuant to 23 section eleven hundred ninety-four of the vehicle and traffic law; or 24 (c) the suspension was a mandatory suspension pending prosecution of a 25 charge of a violation of section eleven hundred ninety-two of the vehi- 26 cle and traffic law ordered pursuant to paragraph (e) of subdivision two 27 of section eleven hundred ninety-three of the vehicle and traffic law or 28 other similar statute; 29 2. Has previously been convicted of violating any provision of section 30 eleven hundred ninety-two of the vehicle and traffic law within the 31 preceding ten years. For purposes of this subdivision, a conviction in 32 any other state or jurisdiction of an offense which, if committed in 33 this state, would constitute a violation of section eleven hundred nine- 34 ty-two of the vehicle and traffic law, shall be treated as a violation 35 of such law; 36 3. Was driving twenty or more miles per hour above the legal speed 37 limit; 38 4. Was committing more than one specified traffic infraction as 39 defined in subdivision three of section 126.00 of this article; or 40 5. Thereby caused serious physical injury to more than one person. 41 Aggravated serious physical injury by vehicle is a class A misdemea- 42 nor. 43 § 126.15 Death by vehicle. 44 A person is guilty of death by vehicle when such person fails to exer- 45 cise due care while operating a motorized vehicle and commits a speci- 46 fied traffic infraction as defined in subdivision three of section 47 126.00 of this article, and the commission of the specified traffic 48 infraction is the proximate cause of the death of another person. 49 Death by vehicle is a class A misdemeanor. 50 § 126.20 Aggravated death by vehicle. 51 A person is guilty of aggravated death by vehicle when such person 52 commits the crime of death by vehicle as defined in section 126.15 of 53 this article, and: 54 1. Knows or has reason to know that such person's license or privilege 55 of operating a motor vehicle in this state, or privilege of obtaining a 56 license to operate a motor vehicle issued by the commissioner isA. 9605 5 1 suspended, revoked or otherwise withdrawn by the commissioner if: (a) 2 the suspension, revocation, or withdrawal was based upon a conviction of 3 any provision of section eleven hundred ninety-two of the vehicle and 4 traffic law; or (b) the suspension, revocation, or withdrawal was based 5 upon a refusal to submit to a chemical test, pursuant to section eleven 6 hundred ninety-four of the vehicle and traffic law; or (c) the suspen- 7 sion was a mandatory suspension pending prosecution of a charge of a 8 violation of section eleven hundred ninety-two of the vehicle and traf- 9 fic law ordered pursuant to paragraph (e) of subdivision two of section 10 eleven hundred ninety-three of the vehicle and traffic law or other 11 similar statute; 12 2. Has previously been convicted of violating any provision of section 13 eleven hundred ninety-two of the vehicle and traffic law within the 14 preceding ten years. For purposes of this subdivision, a conviction in 15 any other state or jurisdiction of an offense which, if committed in 16 this state, would constitute a violation of section eleven hundred nine- 17 ty-two of the vehicle and traffic law, shall be treated as a violation 18 of such law; 19 3. Was driving twenty or more miles per hour above the legal speed 20 limit; 21 4. Was committing more than one specified traffic infraction as 22 defined in subdivision three of section 126.00 of this article; 23 5. Thereby caused the death of more than one person; or 24 6. Thereby caused the death of one person and the serious physical 25 injury of at least one other person. 26 Aggravated death by vehicle is a class E felony. 27 § 4. This act shall take effect on the first of November next succeed- 28 ing the date on which it shall have become a law; provided, however, 29 that if chapter 513 of the laws of 2019 shall not have taken effect on 30 or before such date then section two of this act shall take effect on 31 the same date and in the same manner as such chapter of the laws of 32 2019, takes effect.
