Bill Text: NY A09557 | 2017-2018 | General Assembly | Introduced

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Bill Title: Reduces the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree from ten or more suspensions to five or more suspensions which have to be imposed on at least five separate dates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-23 - referred to transportation [A09557 Detail]

Download: New_York-2017-A09557-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9557
                   IN ASSEMBLY
                                    January 23, 2018
                                       ___________
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to  the  number
          of prior suspensions needed to qualify for aggravated unlicensed oper-
          ation  in  the  first degree; and to repeal subparagraph (iv) of para-
          graph (a) of subdivision 2 of section 511 of such law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph (a) of subdivision 3 of section 511 of the vehi-
     2  cle and traffic law, as amended by chapter 732  of  the  laws  of  2006,
     3  subparagraph  (iii) as amended and subparagraph (iv) as added by chapter
     4  169 of the laws of 2013, is amended to read as follows:
     5    (a) A person is guilty of the offense of aggravated unlicensed  opera-
     6  tion  of  a  motor  vehicle  in  the  first degree when such person: (i)
     7  commits the offense of aggravated unlicensed operation of a motor  vehi-
     8  cle  in  the  second degree as provided in subparagraph (ii)[,] or (iii)
     9  [or (iv)] of paragraph (a) of subdivision two of  this  section  and  is
    10  operating a motor vehicle while under the influence of alcohol or a drug
    11  in violation of subdivision one, two, two-a, three, four, four-a or five
    12  of section eleven hundred ninety-two of this chapter; or
    13    (ii) commits the offense of aggravated unlicensed operation of a motor
    14  vehicle  in  the  third  degree  as  defined  in subdivision one of this
    15  section; and is operating a motor  vehicle  while  such  person  has  in
    16  effect  [ten]  five  or more suspensions, imposed on at least [ten] five
    17  separate dates for failure to answer, appear or pay a fine, pursuant  to
    18  subdivision  three  of section two hundred twenty-six of this chapter or
    19  subdivision four-a of section five hundred ten of this article; or
    20    (iii) commits the offense of  aggravated  unlicensed  operation  of  a
    21  motor  vehicle in the third degree as defined in subdivision one of this
    22  section; and is operating a motor vehicle while under permanent  revoca-
    23  tion as set forth in subparagraph twelve of paragraph (b) of subdivision
    24  two of section eleven hundred ninety-three of this chapter; or
    25    (iv)  operates  a  motor vehicle upon a public highway while holding a
    26  conditional license issued pursuant  to  paragraph  (a)  of  subdivision
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03862-01-7
        A. 9557                             2
     1  seven  of  section eleven hundred ninety-six of this chapter while under
     2  the influence of alcohol or a drug in violation of subdivision one, two,
     3  two-a, three, four, four-a or five of section eleven hundred  ninety-two
     4  of this chapter.
     5    §  2.  Subparagraph  (iv) of paragraph (a) of subdivision 2 of section
     6  511 of the vehicle and traffic law is REPEALED.
     7    § 3. This act shall take effect on the first of November next succeed-
     8  ing the date on which it shall have become a law.