Bill Text: NY A11041 | 2017-2018 | General Assembly | Introduced
Bill Title: Adds when a person commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of section 511 of the vehicle and traffic law; and is operating a motor vehicle while such person has in effect five or more suspensions, imposed on at least five separate dates to the crime of first degree aggravated unlicensed operation (AUO) of a motor vehicle.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2018-06-11 - reported referred to rules [A11041 Detail]
Download: New_York-2017-A11041-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11041 IN ASSEMBLY May 31, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of 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 first degree aggravated unlicensed operation (AUO) 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. Subparagraph (iv) of paragraph a of subdivision 3 of 2 section 511 of the vehicle and traffic law, as added by chapter 169 of 3 the laws of 2013, is amended and a new subparagraph (v) is added to read 4 as follows: 5 (iv) operates a motor vehicle upon a public highway while holding a 6 conditional license issued pursuant to paragraph (a) of subdivision 7 seven of section eleven hundred ninety-six of this chapter while under 8 the influence of alcohol or a drug in violation of subdivision one, two, 9 two-a, three, four, four-a or five of section eleven hundred ninety-two 10 of this chapter[.]; or 11 (v) commits the offense of aggravated unlicensed operation of a motor 12 vehicle in the third degree as defined in subdivision one of this 13 section; and is operating a motor vehicle while such person has in 14 effect five or more suspensions or revocations, imposed on at least five 15 separate dates, pursuant to subparagraph (i), (iii), (iv), (v), (vi), 16 (vii), (viii), (x), (xi), (xii), or (xiii) of paragraph a of subdivision 17 two of section five hundred ten of this article, or subparagraph (i), 18 (xiii), (xiv), (xv), (xvi), or (xvii) of paragraph b, or paragraph d of 19 such subdivision, or paragraph a, b, d, e, or g relating to evading 20 lawful arrest or prosecution while operating a motor vehicle or motorcy- 21 cle, or paragraph i of subdivision three of section five hundred ten of 22 this article, or paragraph (c), (d), or (e) of subdivision one or subdi- 23 vision three of section five hundred ten-a of this article, or section 24 five hundred ten-b of this article, or section five hundred ten-c of 25 this article, or subdivision two of section eleven hundred ninety-three 26 of this chapter. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15739-04-8A. 11041 2 1 § 2. Paragraph (b) of subdivision 3 of section 511 of the vehicle and 2 traffic law, as separately amended by chapters 786 and 892 of the laws 3 of 1990, is amended to read as follows: 4 (b) Aggravated unlicensed operation of a motor vehicle in the first 5 degree is a class E felony. When a person is convicted of this crime, 6 the sentence of the court must be: (i) a fine in an amount not less than 7 five hundred dollars nor more than five thousand dollars; and (ii) a 8 term of imprisonment as provided in the penal law except that where a 9 person is convicted of this crime under subparagraph (v) of paragraph 10 (a) of this subdivision, any term of imprisonment imposed for a 11 violation of this section shall be a definite sentence, which may not 12 exceed two years, or (iii) where appropriate and a term of imprisonment 13 is not required by the penal law, a sentence of probation as provided in 14 subdivision six of this section, or (iv) a term of imprisonment as a 15 condition of a sentence of probation as provided in the penal law. 16 § 3. Subdivision 7 of section 510 of the vehicle and traffic law is 17 amended by adding a new closing paragraph to read as follows: 18 The commissioner shall provide written notice, in a conspicuous, bold 19 type, to all persons having four license suspensions or revocations, 20 where a fifth license suspension or revocation could result in a charge 21 of aggravated unlicensed operation in the first degree pursuant to 22 subparagraph (v) of paragraph (a) of subdivision three of section five 23 hundred eleven of this article, that a fifth such suspension or revoca- 24 tion would subject any person charged under such subparagraph (v) to a 25 class E felony with a definite sentence which may not exceed two years. 26 § 4. This act shall take effect on the first of November next succeed- 27 ing the date on which it shall have become a law.
