Bill Text: NY S01503 | 2013-2014 | General Assembly | Amended


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: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2014-06-11 - referred to transportation [S01503 Detail]

Download: New_York-2013-S01503-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1503--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sens. MARCELLINO, AVELLA -- read twice and ordered print-
         ed, and when printed to be committed to the Committee  on  Transporta-
         tion  --  recommitted to the Committee on Transportation in accordance
         with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       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 repealing subparagraph (iv) of paragraph
         (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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03262-02-4
       S. 1503--A                          2
    1    (iii) commits the offense of  aggravated  unlicensed  operation  of  a
    2  motor  vehicle in the third degree as defined in subdivision one of this
    3  section; and is operating a motor vehicle while under permanent  revoca-
    4  tion as set forth in subparagraph twelve of paragraph (b) of subdivision
    5  two of section eleven hundred ninety-three of this chapter; or
    6    (iv)  operates  a  motor vehicle upon a public highway while holding a
    7  conditional license issued pursuant  to  paragraph  (a)  of  subdivision
    8  seven  of  section eleven hundred ninety-six of this chapter while under
    9  the influence of alcohol or a drug in violation of subdivision one, two,
   10  two-a, three, four, four-a or five of section eleven hundred  ninety-two
   11  of this chapter.
   12    S  2.  Subparagraph  (iv) of paragraph (a) of subdivision 2 of section
   13  511 of the vehicle and traffic law is REPEALED.
   14    S 3. This act shall take effect on the first of November next succeed-
   15  ing the date on which it shall have become a law.
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