Bill Text: NY A03028 | 2019-2020 | General Assembly | Introduced


Bill Title: Increases penalties for aggravated unlicensed operation of a motor vehicle in the second and first degrees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-07-14 - enacting clause stricken [A03028 Detail]

Download: New_York-2019-A03028-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3028
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 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  increasing
          the  penalties  for aggravated unlicensed operation of a motor vehicle
          in the second and first degrees in certain cases
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph (b) of subdivision 2 of section 511 of the vehi-
     2  cle and traffic law, as amended by chapter 607 of the laws of  1993,  is
     3  amended to read as follows:
     4    (b)  Aggravated  unlicensed operation of a motor vehicle in the second
     5  degree is a misdemeanor. When a person is convicted of this crime  under
     6  subparagraph  (i)  of paragraph (a) of this subdivision, the sentence of
     7  the court must be: (i) a fine of not less than five hundred dollars; and
     8  (ii) a term of imprisonment not to exceed one hundred  eighty  days;  or
     9  (iii)  where appropriate a sentence of probation as provided in subdivi-
    10  sion six of this section; or (iv) a term of imprisonment as a  condition
    11  of  a  sentence of probation as provided in the penal law and consistent
    12  with this section. When a  person  is  convicted  of  this  crime  under
    13  subparagraph  (ii),  (iii) or (iv) of paragraph (a) of this subdivision,
    14  the sentence of the court must be: (i) a fine of  not  less  than  [five
    15  hundred] seven hundred fifty dollars nor more than one thousand dollars;
    16  and  (ii)  a  term  of imprisonment of not less than seven days nor more
    17  than one [hundred eighty  days]  year,  or  (iii)  where  appropriate  a
    18  sentence of probation as provided in subdivision six of this section; or
    19  (iv) a term of imprisonment as a condition of a sentence of probation as
    20  provided in the penal law and consistent with this section.
    21    §  2. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
    22  traffic law, as separately amended by chapters 786 and 892 of  the  laws
    23  of 1990, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00953-01-9

        A. 3028                             2
     1    (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
     2  degree is a class E felony. When a person is convicted  of  this  crime,
     3  the sentence of the court must be: (i) a fine in an amount not less than
     4  [five]  twenty-five hundred dollars nor more than five thousand dollars;
     5  and  (ii)  a term of imprisonment as provided in the penal law, or (iii)
     6  where appropriate and a term of imprisonment  is  not  required  by  the
     7  penal  law,  a  sentence  of probation as provided in subdivision six of
     8  this section, or (iv) a  term  of  imprisonment  as  a  condition  of  a
     9  sentence of probation as provided in the penal law.
    10    § 3. This act shall take effect on the first of November next succeed-
    11  ing the date on which it shall have become a law.
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