Bill Text: NY A07420 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the penalty for aggravated unlicensed operation of a motor vehicle in the third degree; reduces the classification of such offense from an unclassified misdemeanor to a traffic infraction; and limits sentencing of a person convicted of such offense to monetary fines.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-05-21 - held for consideration in transportation [A07420 Detail]

Download: New_York-2019-A07420-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7420
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       May 1, 2019
                                       ___________
        Introduced  by M. of A. WALCZYK -- read once and referred to the Commit-
          tee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to  decriminal-
          izing  the offense of aggravated unlicensed operation of a motor vehi-
          cle in the third degree
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Legislative  findings.  Each year, thousands of motorists
     2  across the state of New York are charged with the unclassified misdemea-
     3  nor of aggravated unlicensed operation of a motor vehicle in  the  third
     4  degree.  Many  of  the  motorists  charged with such offense do not have
     5  knowledge of their original license suspension. A person  must  know  or
     6  have  reason to know that such person's license is suspended, revoked or
     7  otherwise withdrawn to be charged with such offense. As  a  misdemeanor,
     8  any  person charged with such offense faces the potential for incarcera-
     9  tion. Due to the threat  of  incarceration,  alleged  offenders  require
    10  assignment of counsel under county plans for indigent defense, utilize a
    11  significant  amount  of law enforcement resources for court appearances,
    12  and require greater attention  and  resources  from  local  prosecutors.
    13  Decriminalization of the offense of aggravated unlicensed operation of a
    14  motor vehicle in the third degree would allow for offenders to be penal-
    15  ized  for  their  actions  while reducing the burden on county and state
    16  employees who are a part of the prosecution and defense of  such  offen-
    17  ders.
    18    §  2.  Paragraphs  (b)  and (c) of subdivision 1 of section 511 of the
    19  vehicle and traffic law, paragraph (b) as amended by chapter 607 of  the
    20  laws  of  1993  and paragraph (c) as added by chapter 173 of the laws of
    21  1990, are amended to read as follows:
    22    (b) Aggravated unlicensed operation of a motor vehicle  in  the  third
    23  degree is a [misdemeanor] traffic infraction. When a person is convicted
    24  of  this offense, the sentence of the court must be[: (i)] a fine of not
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11272-01-9

        A. 7420                             2
     1  less than two hundred dollars nor more than five  hundred  dollars[;  or
     2  (ii)  a term of imprisonment of not more than thirty days; or (iii) both
     3  such fine and imprisonment].
     4    (c)  When  a  person  is convicted of this offense with respect to the
     5  operation of a motor vehicle with a gross vehicle weight rating of  more
     6  than  eighteen thousand pounds, the sentence of the court must be[: (i)]
     7  a fine of not less than five  hundred  dollars  nor  more  than  fifteen
     8  hundred dollars[; or (ii) a term of imprisonment of not more than thirty
     9  days; or (iii) both such fine and imprisonment].
    10    § 3. This act shall take effect immediately.
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