Bill Text: NY S01187 | 2017-2018 | General Assembly | Introduced
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 (Republican 2-0)
Status: (Engrossed - Dead) 2018-05-09 - referred to transportation [S01187 Detail]
Download: New_York-2017-S01187-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1187 2017-2018 Regular Sessions IN SENATE January 6, 2017 ___________ Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed 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 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06015-01-7S. 1187 2 1 (iv) operates a motor vehicle upon a public highway while holding a 2 conditional license issued pursuant to paragraph (a) of subdivision 3 seven of section eleven hundred ninety-six of this chapter while under 4 the influence of alcohol or a drug in violation of subdivision one, two, 5 two-a, three, four, four-a or five of section eleven hundred ninety-two 6 of this chapter. 7 § 2. Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 2 of 8 section 511 of the vehicle and traffic law, as amended by chapter 607 of 9 the laws of 1993, are amended to read as follows: 10 (iii) the suspension was a mandatory suspension pending prosecution of 11 a charge of a violation of section eleven hundred ninety-two of this 12 chapter ordered pursuant to paragraph (e) of subdivision two of section 13 eleven hundred ninety-three of this chapter or other similar statute[;14or15(iv) such person has in effect three or more suspensions, imposed on16at least three separate dates, for failure to answer, appear or pay a17fine, pursuant to subdivision three of section two hundred twenty-six or18subdivision four-a of section five hundred ten of this chapter]. 19 § 3. This act shall take effect on the first of November next succeed- 20 ing the date on which it shall have become a law.