Bill Text: NY A00800 | 2025-2026 | General Assembly | Introduced

New York Assembly Bill 800

Introduced

Bill Title: Provides that a person is guilty of aggravated unlicensed operation of a motor vehicle in the first degree when such person commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree and causes the death or serious physical injury of another person.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-08 - referred to transportation [A00800 Detail]

Download: New_York-2025-A00800-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                           800

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced by M. of A. BERGER -- read once and referred to the Committee
          on Transportation

        AN  ACT  to amend the vehicle and traffic law, in relation to aggravated
          unlicensed operation of a motor vehicle in the first degree

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subparagraph  (v)  of  paragraph  (a) of subdivision 3 of
     2  section 511 of the vehicle and traffic law, as added by chapter  722  of
     3  the  laws  of  2023,  is amended and a new subparagraph (vi) is added to
     4  read as follows:
     5    (v) commits the offense of aggravated unlicensed operation of a  motor
     6  vehicle  in  the  third  degree  as  defined  in subdivision one of this
     7  section; and is operating a motor  vehicle  while  such  person  has  in
     8  effect five or more suspensions or revocations, imposed on at least five
     9  separate  dates,  pursuant  to subparagraph (i), (iii), (iv), (v), (vi),
    10  (vii), (viii), (x), (xi), (xii), or (xiii) of paragraph a of subdivision
    11  two of section five hundred ten of this article,  or  subparagraph  (i),
    12  (xiii),  (xiv), (xv), (xvi), or (xvii) of paragraph b, or paragraph d of
    13  such subdivision, or paragraph a, b, d, e,  or  g  relating  to  evading
    14  lawful arrest or prosecution while operating a motor vehicle or motorcy-
    15  cle,  or paragraph i of subdivision three of section five hundred ten of
    16  this article, or paragraph (c), (d), or (e) of subdivision one or subdi-
    17  vision three of section five hundred ten-a of this article,  or  section
    18  five  hundred  ten-b  of  this article, or section five hundred ten-c of
    19  this article, or subdivision two of section eleven hundred  ninety-three
    20  of this chapter[.]; or
    21    (vi) commits the offense of aggravated unlicensed operation of a motor
    22  vehicle  in  the  third  degree  as  provided in subdivision one of this
    23  section; and causes the death or  serious  physical  injury  of  another
    24  person.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00990-01-5

        A. 800                              2

     1    §  2.  Subdivision 7 of section 511 of the vehicle and traffic law, as
     2  amended by section 3 of part P of chapter 59 of the  laws  of  2013,  is
     3  amended to read as follows:
     4    7.  Exceptions.  When a person is convicted of a violation of subdivi-
     5  sion one [or], two or subparagraph (vi) of paragraph (a) of  subdivision
     6  three  of  this  section,  and the suspension was issued pursuant to (a)
     7  subdivision four-e of section five hundred ten of this article due to  a
     8  support  arrears,  or (b) subdivision four-f of section five hundred ten
     9  of the article due to past-due tax liabilities, the mandatory  penalties
    10  set forth in subdivision one [or], two or subparagraph (vi) of paragraph
    11  (a)  of subdivision three of this section shall not be applicable if, on
    12  or before the return date or  subsequent  adjourned  date,  such  person
    13  presents  proof  that  such  support arrears or past-due tax liabilities
    14  have been satisfied as shown by certified check, notice  issued  by  the
    15  court  ordering the suspension, or notice from a support collection unit
    16  or department of taxation and  finance  as  applicable.  The  sentencing
    17  court shall take the satisfaction of arrears or the payment of the past-
    18  due  tax  liabilities into account when imposing a sentence for any such
    19  conviction. For licenses  suspended  for  non-payment  of  past-due  tax
    20  liabilities,  the court shall also take into consideration proof, in the
    21  form of a notice from the department of taxation and finance, that  such
    22  person  has  made  payment  arrangements  that  are  satisfactory to the
    23  commissioner of taxation and finance.
    24    § 3. This act shall take effect on the first of November next succeed-
    25  ing the date on which it shall have become a law.