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

New York Assembly Bill 4190 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4190--A
                              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  --  Multi-Sponsored  by  --  M.  of A. ABBATE, BARCLAY, BOYLE,
         CALHOUN, CONTE, COOK, CORWIN, CROUCH, FINCH,  GALEF,  HOOPER,  JORDAN,
         MARKEY, McDONOUGH, McKEVITT, MURRAY, RAIA, ROBINSON, SCHIMEL, SWEENEY,
         TEDISCO, THIELE, TOBACCO -- read once and referred to the Committee on
         Transportation  --  recommitted  to the Committee on Transportation in
         accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       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)
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02017-03-2
       A. 4190--A                          2
    1  where appropriate a sentence of probation as provided in subdivision six
    2  of this section; or (iv) a term of imprisonment  as  a  condition  of  a
    3  sentence  of  probation as provided in the penal law and consistent with
    4  this  section.  When  a person is convicted of this crime under subpara-
    5  graph (ii), (iii) or (iv) of paragraph  (a)  of  this  subdivision,  the
    6  sentence  of the court must be: (i) a fine of not less than five hundred
    7  dollars nor more than one thousand dollars; and (ii) a term of imprison-
    8  ment of not less than seven days nor more than one hundred eighty  days,
    9  or (iii) where appropriate a sentence of probation as provided in subdi-
   10  vision  six  of this section; or (iv) a term of imprisonment as a condi-
   11  tion of a sentence of  probation  as  provided  in  the  penal  law  and
   12  consistent with this section.
   13    (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
   14  degree is a class E felony. When a person is convicted  of  this  crime,
   15  the sentence of the court must be: (i) a fine in an amount not less than
   16  [five  hundred]  ONE  THOUSAND dollars nor more than [five] TEN thousand
   17  dollars; and (ii) a term of imprisonment [as provided in the penal law,]
   18  NOT LESS THAN ONE YEAR AND NOT TO EXCEED  FOUR  YEARS;  or  (iii)  where
   19  appropriate and a term of imprisonment is not required by the penal law,
   20  a  sentence of probation as provided in subdivision six of this section,
   21  or (iv) a term of imprisonment as a condition of a sentence of probation
   22  as provided in the penal law.
   23    S 2. This act shall take effect immediately.