S03534 Summary:

BILL NOS03534
 
SAME ASNo Same As
 
SPONSORKENNEDY
 
COSPNSRHOYLMAN
 
MLTSPNSR
 
Amd §502, V & T L; add Art 126 §§126.00 - 126.20, Pen L
 
Enacts the vehicular violence accountability act defining vehicular violence and establishing related offenses.
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S03534 Actions:

BILL NOS03534
 
01/30/2021REFERRED TO TRANSPORTATION
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S03534 Committee Votes:

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S03534 Floor Votes:

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S03534 Memo:

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S03534 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3534
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 30, 2021
                                       ___________
 
        Introduced  by Sens. KENNEDY, HOYLMAN -- read twice and ordered printed,
          and when printed to be committed 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00529-01-1

        S. 3534                             2
 
     1  of  this  chapter,  prohibiting  the  operation of a motor vehicle while
     2  under the influence of alcohol or drugs. Such test shall include one  or
     3  more written questions concerning the devastating effects of "Road Rage"
     4  on  the ability of a person to operate a motor vehicle and the legal and
     5  financial consequences resulting from assaulting, threatening or  inter-
     6  fering with the lawful conduct of another person legally using the road-
     7  way. Such test shall include one or more questions concerning the poten-
     8  tial  dangers  to  persons  and  equipment  resulting  from  the  unsafe
     9  operation of a motor vehicle in a work zone. Such test may  include  one
    10  or  more  questions  concerning motorcycle safety. Such test may include
    11  one or more questions concerning the law  for  exercising  due  care  to
    12  avoid  colliding  with a parked, stopped or standing vehicle pursuant to
    13  section eleven hundred forty-four-a  of  this  chapter.  Such  test  may
    14  include  one  or  more questions concerning school bus safety. Such test
    15  may include one or more questions concerning  vehicular  violence.  Such
    16  test  shall  be administered by the commissioner. The commissioner shall
    17  cause the applicant to take a vision test and a test  for  color  blind-
    18  ness.  Upon  passage of the vision test, the application may be accepted
    19  and the application fee shall be payable.
    20    (b) Upon successful completion of the requirements set forth in  para-
    21  graph  (a)  of  this subdivision which shall include an alcohol and drug
    22  education component as described in paragraph (c) of this subdivision, a
    23  "Road Rage" awareness component as described in paragraph (c-1) of  this
    24  subdivision and a "Work Zone Safety" awareness component as described in
    25  paragraph  (c-2)  of  this  subdivision, a "Motorcycle Safety" awareness
    26  component as described in paragraph (c-3) of this subdivision,  [and]  a
    27  "School  Bus Safety" awareness component as described in paragraph (c-4)
    28  of this subdivision, and a vehicular  violence  awareness  component  as
    29  described  in paragraph (c-5) of this subdivision the commissioner shall
    30  cause the applicant to take a road test in a representative vehicle of a
    31  type prescribed by the commissioner which shall be  appropriate  to  the
    32  type  of  license for which application is made, except that the commis-
    33  sioner may waive the road  test  requirements  for  certain  classes  of
    34  applicants. The commissioner shall have the power to establish a program
    35  to  allow persons other than employees of the department to conduct road
    36  tests in representative vehicles when such tests are required for appli-
    37  cants to obtain a class A, B or C license. If she chooses to do so,  she
    38  shall  set  forth her reasons in writing and conduct a public hearing on
    39  the matter.  She shall only establish such a program after  holding  the
    40  public hearing.
    41    (c-5)  Vehicular  violence  awareness  component. (i) The commissioner
    42  shall provide in the pre-licensing course, set forth in paragraph (b) of
    43  this subdivision, a mandatory component in vehicular violence  awareness
    44  education  as a  prerequisite for obtaining a license to operate a motor
    45  vehicle. The purpose of the component is to educate  prospective  licen-
    46  sees  on  the dangers of committing a vehicular crime that causes injury
    47  or death to another individual.
    48    (ii) The commissioner shall establish a curriculum for  the  vehicular
    49  violence    awareness  component  which  shall include, but shall not be
    50  limited to, an overview of laws governing conduct committed while  oper-
    51  ating a motorized vehicle that causes injury or death to another person,
    52  including  but  not  limited  to an explanation of the laws contained in
    53  article one hundred twenty-six of the penal law.
    54    (iii) In developing such curriculum, the  commissioner  shall  consult
    55  with the commissioner of transportation.

        S. 3534                             3
 
     1    (d) The commissioner shall make available for distribution upon regis-
     2  tration  at  each location where the pre-licensing course will be given,
     3  instructional handbooks outlining the content of the  entire  curriculum
     4  of  the  pre-licensing  course  including the information required to be
     5  included  in  the course pursuant to paragraphs (c), (c-1), (c-2), (c-3)
     6  [and], (c-4) and (c-5) of this subdivision. The commissioner shall  also
     7  provide for the additional training of the instructors necessary for the
     8  competent  instruction  of  the  alcohol and drug education, "Road Rage"
     9  awareness, "Work Zone Safety" awareness, "Motorcycle  Safety"  awareness
    10  [and],  "School  Bus  Safety" awareness and vehicular violence awareness
    11  subject matters of the pre-licensing course.
    12    § 3. The penal law is amended by adding a new article 126 to  read  as
    13  follows:
    14                                 ARTICLE 126
    15                             VEHICULAR VIOLENCE
    16  Section 126.00 Vehicular violence defined.
    17          126.05 Serious physical injury by vehicle.
    18          126.10 Aggravated serious physical injury by vehicle.
    19          126.15 Death by vehicle.
    20          126.20 Aggravated death by vehicle.
    21  § 126.00 Vehicular violence defined.
    22    The following definitions are applicable to this article:
    23    1.  "Vehicular  violence"  means  conduct  committed while operating a
    24  motorized vehicle, other than driving under the influence of alcohol  or
    25  drugs, that negligently causes injury or death to another individual.
    26    2. "Failure to exercise due care" means ordinary or civil negligence.
    27    3. "A specified traffic infraction" means any moving violation reason-
    28  ably  related to the safety of pedestrians and bicyclists as well as any
    29  of the following traffic rules or  regulations  as  defined  in  section
    30  eleven  hundred ten (obedience to and required traffic-control devices);
    31  section eleven  hundred  eleven  (traffic-control  signal  indications);
    32  section  eleven  hundred thirteen (flashing signal indications); section
    33  eleven hundred twenty (drive on  right  side  of  roadway;  exceptions);
    34  section  eleven hundred forty-two (vehicle entering stop or yield inter-
    35  section); section eleven hundred forty-five (vehicle approaching  rotary
    36  traffic  circle or island); section eleven hundred forty-six (drivers to
    37  exercise due care)  section  eleven  hundred  fifty-one-a  (pedestrians'
    38  right of way on sidewalks); section eleven hundred sixty (required posi-
    39  tion  and  method  of  turning at intersections); section eleven hundred
    40  sixty-one (U turns in certain areas prohibited); section eleven  hundred
    41  sixty-three  (turning  movements  and  required  signal); section eleven
    42  hundred seventy (obedience to  signal  indicating  approach  of  train);
    43  section  eleven  hundred  seventy-one (certain vehicles must stop at all
    44  railroad grade crossings);  section  eleven  hundred  seventy-two  (stop
    45  signs  and  yield signs); section eleven hundred seventy-three (emerging
    46  from alley, driveway, private road or building); section eleven  hundred
    47  seventy-four (overtaking and passing school bus); section eleven hundred
    48  eighty  (basic  rule and maximum limits); section eleven hundred eighty-
    49  two (speed contests and races); section twelve hundred twelve  (reckless
    50  driving);  section twelve hundred twenty-five (avoiding intersections or
    51  traffic-control device); section twelve hundred  twenty-five-a  (driving
    52  on sidewalks); section twelve hundred twenty-five-c (use of mobile tele-
    53  phones); section twelve hundred twenty-five-d (use of portable electron-
    54  ic  devices) of the vehicle and traffic law; or any state or local stat-
    55  ute reasonably related to the safe operation of a motor vehicle.

        S. 3534                             4
 
     1    4. "Motorized vehicle" means any motor vehicle defined in the  vehicle
     2  and  traffic  law;  or  any  motorcycle,  ATV,  or motor driven cycle or
     3  wheeled device, other than an electrically  driven  mobility  assistance
     4  device.
     5    5.  "Commissioner"  means  the  commissioner of motor vehicles of this
     6  state.
     7  § 126.05 Serious physical injury by vehicle.
     8    A person is guilty of serious physical injury  by  vehicle  when  such
     9  person  fails  to  exercise due care while operating a motorized vehicle
    10  and commits a specified traffic infraction, as  defined  in  subdivision
    11  three of section 126.00 of this article, and the commission of the spec-
    12  ified  traffic  infraction  is  the  proximate cause of serious physical
    13  injury to another person.
    14    Serious physical injury by vehicle is a class B misdemeanor.
    15  § 126.10 Aggravated serious physical injury by vehicle.
    16    A person is guilty of aggravated serious physical  injury  by  vehicle
    17  when such person commits the crime of serious physical injury by vehicle
    18  as defined in section 126.05 of this article, and:
    19    1. Knows or has reason to know that such person's license or privilege
    20  of  operating a motor vehicle in this state, or privilege of obtaining a
    21  license to operate  a  motor  vehicle  issued  by  the  commissioner  is
    22  suspended,  revoked  or  otherwise withdrawn by the commissioner if: (a)
    23  the suspension, revocation, or withdrawal was based upon a conviction of
    24  a violation of any provision of section eleven hundred ninety-two of the
    25  vehicle and traffic law; or (b) the  suspension,  revocation,  or  with-
    26  drawal was based upon a refusal to submit to a chemical test pursuant to
    27  section  eleven  hundred  ninety-four of the vehicle and traffic law; or
    28  (c) the suspension was a mandatory suspension pending prosecution  of  a
    29  charge  of a violation of section eleven hundred ninety-two of the vehi-
    30  cle and traffic law ordered pursuant to paragraph (e) of subdivision two
    31  of section eleven hundred ninety-three of the vehicle and traffic law or
    32  other similar statute;
    33    2. Has previously been convicted of violating any provision of section
    34  eleven hundred ninety-two of the vehicle  and  traffic  law  within  the
    35  preceding  ten  years. For purposes of this subdivision, a conviction in
    36  any other state or jurisdiction of an offense  which,  if  committed  in
    37  this state, would constitute a violation of section eleven hundred nine-
    38  ty-two  of  the vehicle and traffic law, shall be treated as a violation
    39  of such law;
    40    3. Was driving twenty or more miles per hour  above  the  legal  speed
    41  limit;
    42    4.  Was  committing  more  than  one  specified  traffic infraction as
    43  defined in subdivision three of section 126.00 of this article; or
    44    5. Thereby caused serious physical injury to more than one person.
    45    Aggravated serious physical injury by vehicle is a class  A  misdemea-
    46  nor.
    47  § 126.15 Death by vehicle.
    48    A person is guilty of death by vehicle when such person fails to exer-
    49  cise  due  care while operating a motorized vehicle and commits a speci-
    50  fied traffic infraction as  defined  in  subdivision  three  of  section
    51  126.00  of  this  article,  and  the commission of the specified traffic
    52  infraction is the proximate cause of the death of another person.
    53    Death by vehicle is a class A misdemeanor.
    54  § 126.20 Aggravated death by vehicle.

        S. 3534                             5
 
     1    A person is guilty of aggravated death by  vehicle  when  such  person
     2  commits  the  crime  of death by vehicle as defined in section 126.15 of
     3  this article, and:
     4    1. Knows or has reason to know that such person's license or privilege
     5  of  operating a motor vehicle in this state, or privilege of obtaining a
     6  license to operate  a  motor  vehicle  issued  by  the  commissioner  is
     7  suspended,  revoked  or  otherwise withdrawn by the commissioner if: (a)
     8  the suspension, revocation, or withdrawal was based upon a conviction of
     9  any provision of section eleven hundred ninety-two of  the  vehicle  and
    10  traffic  law; or (b) the suspension, revocation, or withdrawal was based
    11  upon a refusal to submit to a chemical test, pursuant to section  eleven
    12  hundred  ninety-four  of the vehicle and traffic law; or (c) the suspen-
    13  sion was a mandatory suspension pending prosecution of  a  charge  of  a
    14  violation  of section eleven hundred ninety-two of the vehicle and traf-
    15  fic law ordered pursuant to paragraph (e) of subdivision two of  section
    16  eleven  hundred  ninety-three  of  the  vehicle and traffic law or other
    17  similar statute;
    18    2. Has previously been convicted of violating any provision of section
    19  eleven hundred ninety-two of the vehicle  and  traffic  law  within  the
    20  preceding  ten  years. For purposes of this subdivision, a conviction in
    21  any other state or jurisdiction of an offense  which,  if  committed  in
    22  this state, would constitute a violation of section eleven hundred nine-
    23  ty-two  of  the vehicle and traffic law, shall be treated as a violation
    24  of such law;
    25    3. Was driving twenty or more miles per hour  above  the  legal  speed
    26  limit;
    27    4.  Was  committing  more  than  one  specified  traffic infraction as
    28  defined in subdivision three of section 126.00 of this article;
    29    5. Thereby caused the death of more than one person; or
    30    6. Thereby caused the death of one person  and  the  serious  physical
    31  injury of at least one other person.
    32    Aggravated death by vehicle is a class E felony.
    33    § 4. This act shall take effect on the first of November next succeed-
    34  ing the date on which it shall have become a law.
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