Bill Text: NY A04190 | 2011-2012 | General Assembly | Introduced

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Bill Title: Increases the penalties for driving with a suspended or revoked license.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-12 - print number 4190a [A04190 Detail]

Download: New_York-2011-A04190-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4190
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 2, 2011
                                      ___________
       Introduced by M. of A. GABRYSZAK, JAFFEE, GIBSON, LAVINE, CASTRO, ENGLE-
         BRIGHT,  SPANO  --  Multi-Sponsored  by  --  M. of A. ABBATE, BARCLAY,
         CALHOUN, CONTE, COOK, CORWIN, CROUCH, FINCH,  GALEF,  HOOPER,  JORDAN,
         MARKEY,  MAYERSOHN, McDONOUGH, McKEVITT, MURRAY, PHEFFER, RAIA, ROBIN-
         SON, SCHIMEL, SWEENEY, TEDISCO,  THIELE,  TOBACCO  --  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 driving with a suspended or revoked license
         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 1, paragraph (b) of subdivi-
    2  sion 2 and paragraph (b) of subdivision 3 of section 511 of the  vehicle
    3  and  traffic  law,  paragraph  (b) of subdivision 1 and paragraph (b) of
    4  subdivision 2 as amended by chapter 607 of the laws of  1993  and  para-
    5  graph (b) of subdivision 3 as separately amended by chapters 786 and 892
    6  of the laws of 1990, are amended to read as follows:
    7    (b)  Aggravated  unlicensed  operation of a motor vehicle in the third
    8  degree is a misdemeanor. When a person is convicted of this offense, the
    9  sentence of the court must be: (i) a fine of not less  than  [two]  FIVE
   10  hundred  dollars  nor  more than [five hundred] ONE THOUSAND dollars; or
   11  (ii) a term of imprisonment of not more than thirty days; or (iii)  both
   12  such fine and imprisonment.
   13    (b)  Aggravated  unlicensed operation of a motor vehicle in the second
   14  degree is a misdemeanor. When a person is convicted of this crime  under
   15  subparagraph  (i)  of paragraph (a) of this subdivision, the sentence of
   16  the court must be: (i) a fine of not less than [five hundred] ONE  THOU-
   17  SAND  dollars[;  and] NOR MORE THAN FIVE THOUSAND DOLLARS; AND/OR (ii) a
   18  term of imprisonment not to exceed one hundred  eighty  days;  or  (iii)
   19  where appropriate a sentence of probation as provided in subdivision six
   20  of  this  section;  or  (iv)  a term of imprisonment as a condition of a
   21  sentence of probation as provided in the penal law and  consistent  with
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02017-01-1
       A. 4190                             2
    1  this  section.  When  a person is convicted of this crime under subpara-
    2  graph (ii), (iii) or (iv) of paragraph  (a)  of  this  subdivision,  the
    3  sentence  of the court must be: (i) a fine of not less than five hundred
    4  dollars nor more than one thousand dollars; and (ii) a term of imprison-
    5  ment  of not less than seven days nor more than one hundred eighty days,
    6  or (iii) where appropriate a sentence of probation as provided in subdi-
    7  vision six of this section; or (iv) a term of imprisonment as  a  condi-
    8  tion  of  a  sentence  of  probation  as  provided  in the penal law and
    9  consistent with this section.
   10    (b) Aggravated unlicensed operation of a motor vehicle  in  the  first
   11  degree  is  a  class E felony. When a person is convicted of this crime,
   12  the sentence of the court must be: (i) [a fine in  an  amount  not  less
   13  than five hundred dollars nor more than five thousand dollars; and (ii)]
   14  a term of imprisonment [as provided in the penal law,] NOT LESS THAN ONE
   15  YEAR  AND  NOT  TO  EXCEED FOUR YEARS; OR (II) A TERM OF IMPRISONMENT AS
   16  PROVIDED IN SUBDIVISION FOUR OF SECTION 70.00 OF THE PENAL LAW; or (iii)
   17  where appropriate and a term of imprisonment  is  not  required  by  the
   18  penal  law,  a  sentence  of probation as provided in subdivision six of
   19  this section, or (iv) a  term  of  imprisonment  as  a  condition  of  a
   20  sentence of probation as provided in the penal law.
   21    S 2. This act shall take effect immediately.