Bill Text: NY A09199 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to aggravated unlicensed operation; gives judges discretion to impose lower sentences for second and third degree convictions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-03 - referred to transportation [A09199 Detail]
Download: New_York-2011-A09199-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9199 I N A S S E M B L Y February 3, 2012 ___________ 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 aggravated unlicensed operation 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. Paragraphs (b) and (c) of subdivision 1 of section 511 of 2 the vehicle and traffic law, paragraph (b) as amended by chapter 607 of 3 the laws of 1993 and paragraph (c) as added by chapter 173 of the laws 4 of 1990, are amended to read as follows: 5 (b) Aggravated unlicensed operation of a motor vehicle in the third 6 degree is a misdemeanor. When a person is convicted of this offense, the 7 sentence of the court [must] MAY be: (i) a fine of not less than two 8 hundred dollars nor more than five hundred dollars; or (ii) a term of 9 imprisonment of not more than thirty days; or (iii) both such fine and 10 imprisonment; OR (IV) ANY OTHER SENTENCE NOT TO EXCEED THE FOREGOING 11 THAT, IN THE DISCRETION OF THE COURT, ADMINISTERS JUSTICE. 12 (c) When a person is convicted of this offense with respect to the 13 operation of a motor vehicle with a gross vehicle weight rating of more 14 than eighteen thousand pounds, the sentence of the court [must] MAY be: 15 (i) a fine of not less than five hundred dollars nor more than fifteen 16 hundred dollars; or (ii) a term of imprisonment of not more than thirty 17 days; or (iii) both such fine and imprisonment; OR (IV) ANY OTHER 18 SENTENCE NOT TO EXCEED THE FOREGOING THAT, IN THE DISCRETION OF THE 19 COURT, ADMINISTERS JUSTICE. 20 S 2. Paragraph (b) of subdivision 2 of section 511 of the vehicle and 21 traffic law, as amended by chapter 607 of the laws of 1993, is amended 22 to read as follows: 23 (b) Aggravated unlicensed operation of a motor vehicle in the second 24 degree is a misdemeanor. When a person is convicted of this crime under 25 subparagraph (i) of paragraph (a) of this subdivision, the sentence of 26 the court [must] MAY be: (i) a fine of not less than five hundred 27 dollars; and (ii) a term of imprisonment not to exceed one hundred 28 eighty days; or (iii) where appropriate a sentence of probation as EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14012-01-2 A. 9199 2 1 provided in subdivision six of this section; or (iv) a term of imprison- 2 ment as a condition of a sentence of probation as provided in the penal 3 law and consistent with this section; OR (V) ANY OTHER SENTENCE NOT TO 4 EXCEED THE FOREGOING THAT, IN THE DISCRETION OF THE COURT, ADMINISTERS 5 JUSTICE. When a person is convicted of this crime under subparagraph 6 (ii), (iii) or (iv) of paragraph (a) of this subdivision, the sentence 7 of the court [must] MAY be: (i) a fine of not less than five hundred 8 dollars nor more than one thousand dollars; and (ii) a term of imprison- 9 ment of not less than seven days nor more than one hundred eighty days, 10 or (iii) where appropriate a sentence of probation as provided in subdi- 11 vision six of this section; or (iv) a term of imprisonment as a condi- 12 tion of a sentence of probation as provided in the penal law and 13 consistent with this section; OR (V) ANY OTHER SENTENCE NOT TO EXCEED 14 THE FOREGOING THAT, IN THE DISCRETION OF THE COURT, ADMINISTERS JUSTICE. 15 S 3. This act shall take effect immediately.