Bill Text: NY A02516 | 2019-2020 | General Assembly | Introduced

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Bill Title: Adds when a person commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of section 511 of the vehicle and traffic law, and is operating a motor vehicle while such person has in effect five or more suspensions, imposed on at least five separate dates, to the crime of first degree aggravated unlicensed operation (AUO) of a motor vehicle.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-07-14 - enacting clause stricken [A02516 Detail]

Download: New_York-2019-A02516-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2516
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2019
                                       ___________
        Introduced  by M. of A. GANTT -- read once and referred to the Committee
          on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to first degree
          aggravated unlicensed operation (AUO) of a motor vehicle
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subparagraph  (iv)  of  paragraph  a  of subdivision 3 of
     2  section 511 of the vehicle and traffic law, as added by chapter  169  of
     3  the laws of 2013, is amended and a new subparagraph (v) is added to read
     4  as follows:
     5    (iv)  operates  a  motor vehicle upon a public highway while holding a
     6  conditional license issued pursuant  to  paragraph  (a)  of  subdivision
     7  seven  of  section eleven hundred ninety-six of this chapter while under
     8  the influence of alcohol or a drug in violation of subdivision one, two,
     9  two-a, three, four, four-a or five of section eleven hundred  ninety-two
    10  of this chapter[.]; or
    11    (v)  commits the offense of aggravated unlicensed operation of a motor
    12  vehicle in the third degree  as  defined  in  subdivision  one  of  this
    13  section;  and  is  operating  a  motor  vehicle while such person has in
    14  effect five or more suspensions or revocations, imposed on at least five
    15  separate dates, pursuant to subparagraph (i), (iii),  (iv),  (v),  (vi),
    16  (vii), (viii), (x), (xi), (xii), or (xiii) of paragraph a of subdivision
    17  two  of  section  five hundred ten of this article, or subparagraph (i),
    18  (xiii), (xiv), (xv), (xvi), or (xvii) of paragraph b, or paragraph d  of
    19  such  subdivision,  or  paragraph  a,  b, d, e, or g relating to evading
    20  lawful arrest or prosecution while operating a motor vehicle or motorcy-
    21  cle, or paragraph i of subdivision three of section five hundred ten  of
    22  this article, or paragraph (c), (d), or (e) of subdivision one or subdi-
    23  vision  three  of section five hundred ten-a of this article, or section
    24  five hundred ten-b of this article, or section  five  hundred  ten-c  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00975-01-9
        A. 2516                             2
     1  this  article, or subdivision two of section eleven hundred ninety-three
     2  of this chapter.
     3    §  2. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
     4  traffic law, as separately amended by chapters 786 and 892 of  the  laws
     5  of 1990, is amended to read as follows:
     6    (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
     7  degree is a class E felony. When a person is convicted  of  this  crime,
     8  the sentence of the court must be: (i) a fine in an amount not less than
     9  five  hundred  dollars  nor  more than five thousand dollars; and (ii) a
    10  term of imprisonment as provided in the penal law except  that  where  a
    11  person  is  convicted  of this crime under subparagraph (v) of paragraph
    12  (a) of  this  subdivision,  any  term  of  imprisonment  imposed  for  a
    13  violation  of  this  section shall be a definite sentence, which may not
    14  exceed two years, or (iii) where appropriate and a term of  imprisonment
    15  is not required by the penal law, a sentence of probation as provided in
    16  subdivision  six  of  this  section, or (iv) a term of imprisonment as a
    17  condition of a sentence of probation as provided in the penal law.
    18    § 3. Subdivision 7 of section 510 of the vehicle and  traffic  law  is
    19  amended by adding a new closing paragraph to read as follows:
    20    The  commissioner shall provide written notice, in a conspicuous, bold
    21  type, to all persons having four  license  suspensions  or  revocations,
    22  where  a fifth license suspension or revocation could result in a charge
    23  of aggravated unlicensed operation  in  the  first  degree  pursuant  to
    24  subparagraph  (v)  of paragraph (a) of subdivision three of section five
    25  hundred eleven of this article, that a fifth such suspension or  revoca-
    26  tion  would  subject any person charged under such subparagraph (v) to a
    27  class E felony with a definite sentence which may not exceed two years.
    28    § 4. This act shall take effect on the first of November next succeed-
    29  ing the date on which it shall have become a law.