Bill Text: NY S03031 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 3031 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relates to certain crimes related to the operation of a motor vehicle; establishes the crimes of persistent aggravated unlicensed operation of a motor vehicle and persistent driving while intoxicated or while ability impaired by drugs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-06-20 - RECOMMITTED TO RULES [S03031 Detail]

Download: New_York-2017-S03031-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          3031
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 19, 2017
                                       ___________
        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the penal law, in relation to establishing the crimes of
          persistent aggravated unlicensed operation  of  a  motor  vehicle  and
          persistent  driving while intoxicated, to increase the felony class of
          certain crimes related to the operation of a motor vehicle;  to  amend
          the  vehicle  and  traffic law, in relation to certain civil penalties
          and aggravated unlicensed operation of a motor vehicle; and to  repeal
          certain provisions of the vehicle and traffic law relating thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  The penal law is amended by adding a new section 270.40 to
     2  read as follows:
     3  § 270.40 Persistent aggravated unlicensed operation of a motor vehicle.
     4    A person is guilty of the offense of persistent aggravated  unlicensed
     5  operation  of  a motor vehicle when such person: (1) commits the offense
     6  of aggravated unlicensed operation of  a  motor  vehicle  in  the  third
     7  degree  as  defined in subdivision one of section five hundred eleven of
     8  the vehicle and traffic law; and is  operating  a  motor  vehicle  while
     9  under  permanent revocation as set forth in subparagraph twelve of para-
    10  graph (b) of subdivision two of section eleven hundred  ninety-three  of
    11  the  vehicle  and  traffic  law;  or (2) operates a motor vehicle upon a
    12  public highway while holding a conditional license  issued  pursuant  to
    13  paragraph  (a) of subdivision seven of section eleven hundred ninety-six
    14  of the vehicle and traffic law while under the influence of alcohol or a
    15  drug in violation of subdivision one, two, two-a, three, four, four-a or
    16  five of section eleven hundred ninety-two of  the  vehicle  and  traffic
    17  law.
    18    Persistent  aggravated  unlicensed  operation  of a motor vehicle is a
    19  class D felony.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08226-01-7

        S. 3031                             2
     1    § 2. Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 3 of
     2  section 511 of the vehicle and traffic law are REPEALED.
     3    §  3.  The penal law is amended by adding a new section 270.45 to read
     4  as follows:
     5  § 270.45 Persistent driving while intoxicated.
     6    A person is guilty of the offense of persistent driving while  intoxi-
     7  cated  when  such  person operates a vehicle in violation of subdivision
     8  two, two-a, three, four or four-a of section eleven  hundred  ninety-two
     9  of  the  vehicle  and  traffic  law  after  having been convicted of any
    10  violation of subdivision two, two-a,  three,  four  or  four-a  of  such
    11  section  or  of  vehicular  assault  in  the  second or first degree, as
    12  defined, respectively, in sections 120.03 and 120.04 of  this  part  and
    13  aggravated vehicular assault as defined in section 120.04-a of this part
    14  or  of vehicular manslaughter in the second or first degree, as defined,
    15  respectively, in sections 125.12 and  125.13  and  aggravated  vehicular
    16  homicide  as  defined  in  section 125.14 of this part, on three or more
    17  occasions, within the preceding fifteen  years  or  any  combination  of
    18  three  or  more  of  the  offenses  set forth in this section within the
    19  preceding fifteen years.
    20    Persistent driving while intoxicated is a class C felony.
    21    § 4. Subparagraph 2 of paragraph (d) of subdivision 2 of section  1194
    22  of the vehicle and traffic law, as amended by chapter 732 of the laws of
    23  2006, is amended to read as follows:
    24    (2)  Civil  penalties.  Except as otherwise provided, any person whose
    25  license, permit to drive, or any  non-resident  operating  privilege  is
    26  revoked  pursuant to the provisions of this section shall also be liable
    27  for a civil penalty in the amount of five hundred dollars except that if
    28  such revocation is a second or subsequent revocation  pursuant  to  this
    29  section  issued  within  a  five  year  period,  or such person has been
    30  convicted of a violation of any subdivision of  section  eleven  hundred
    31  ninety-two of this article within the past five years not arising out of
    32  the  same  incident,  the civil penalty shall be in the amount of [seven
    33  hundred fifty] one thousand dollars. Any person whose license is revoked
    34  pursuant to the provisions of this  section  based  upon  a  finding  of
    35  refusal  to submit to a chemical test while operating a commercial motor
    36  vehicle shall also be liable for a civil penalty of five  hundred  fifty
    37  dollars  except  that  if  such person has previously been found to have
    38  refused a chemical test pursuant  to  this  section  while  operating  a
    39  commercial motor vehicle or has a prior conviction of any of the follow-
    40  ing  offenses  while operating a commercial motor vehicle: any violation
    41  of section eleven hundred ninety-two of this article; any  violation  of
    42  subdivision  two  of section six hundred of this chapter; or has a prior
    43  conviction of any felony involving the use of a commercial motor vehicle
    44  pursuant to paragraph (a) of subdivision one  of  section  five  hundred
    45  ten-a  of  this  chapter, then the civil penalty shall be [seven hundred
    46  fifty] one thousand dollars. No new driver's license or permit shall  be
    47  issued,  or  non-resident  operating  privilege  restored to such person
    48  unless such penalty has  been  paid.  All  penalties  collected  by  the
    49  department pursuant to the provisions of this section shall be the prop-
    50  erty  of  the state and shall be paid into the general fund of the state
    51  treasury.
    52    § 5. Paragraph (b) of subdivision 3 of section 511 of the vehicle  and
    53  traffic  law,  as separately amended by chapters 786 and 892 of the laws
    54  of 1990, is amended to read as follows:
    55    (b) Aggravated unlicensed operation of a motor vehicle  in  the  first
    56  degree  is  a  class E felony. When a person is convicted of this crime,

        S. 3031                             3
     1  the sentence of the court must be: (i) a fine in an amount not less than
     2  [five hundred] one thousand dollars nor more than five thousand dollars;
     3  and (ii) a term of imprisonment as provided in the penal law,  or  (iii)
     4  where  appropriate  and  a  term  of imprisonment is not required by the
     5  penal law, a sentence of probation as provided  in  subdivision  six  of
     6  this  section,  or  (iv)  a  term  of  imprisonment  as a condition of a
     7  sentence of probation as provided in the penal law.
     8    § 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b)
     9  of subdivision 2 of section 1193 of the  vehicle  and  traffic  law  are
    10  REPEALED and clause (f) is relettered clause (b).
    11    §  7.  The  closing  paragraph  of section 125.13 of the penal law, as
    12  amended by chapter 496 of the laws  of  2009,  is  amended  to  read  as
    13  follows:
    14    Vehicular manslaughter in the first degree is a class [C] B felony.
    15    § 8. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
    16  as  amended  by  chapter  368 of the laws of 2015, is amended to read as
    17  follows:
    18    (a) Class B violent felony offenses: an attempt to  commit  the  class
    19  A-I  felonies  of  murder  in  the  second  degree as defined in section
    20  125.25, kidnapping in the first degree as defined in section 135.25, and
    21  arson in the first degree as defined in section 150.20; manslaughter  in
    22  the  first  degree as defined in section 125.20, aggravated manslaughter
    23  in the first degree as defined in section  125.22,  rape  in  the  first
    24  degree  as  defined  in section 130.35, criminal sexual act in the first
    25  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
    26  first  degree  as  defined  in  section 130.70, course of sexual conduct
    27  against a child in the  first  degree  as  defined  in  section  130.75;
    28  assault  in the first degree as defined in section 120.10, kidnapping in
    29  the second degree as defined in section 135.20, burglary  in  the  first
    30  degree  as  defined  in  section  140.30,  arson in the second degree as
    31  defined in section 150.15, robbery in the first  degree  as  defined  in
    32  section  160.15, sex trafficking as defined in paragraphs (a) and (b) of
    33  subdivision five of section  230.34,  incest  in  the  first  degree  as
    34  defined  in section 255.27, criminal possession of a weapon in the first
    35  degree as defined in section 265.04, criminal use of a  firearm  in  the
    36  first degree as defined in section 265.09, criminal sale of a firearm in
    37  the first degree as defined in section 265.13, aggravated assault upon a
    38  police  officer  or  a  peace officer as defined in section 120.11, gang
    39  assault in the first degree as defined  in  section  120.07,  aggravated
    40  vehicular  homicide  as defined in section 125.14, intimidating a victim
    41  or witness in the first degree as defined in section  215.17,  hindering
    42  prosecution  of  terrorism  in  the  first  degree as defined in section
    43  490.35, criminal possession of a chemical weapon or biological weapon in
    44  the second degree as defined in section 490.40, and criminal  use  of  a
    45  chemical  weapon  or biological weapon in the third degree as defined in
    46  section 490.47.
    47    § 9. The closing paragraph of section 120.03  of  the  penal  law,  as
    48  amended  by  chapter  732  of  the  laws  of 2006, is amended to read as
    49  follows:
    50    Vehicular assault in the second degree is a class [E] D felony.
    51    § 10. The closing paragraph of section 120.04 of  the  penal  law,  as
    52  amended  by  chapter  496  of  the  laws  of 2009, is amended to read as
    53  follows:
    54    Vehicular assault in the first degree is a class [D] C felony.

        S. 3031                             4
     1    § 11. The closing paragraph of section 120.04-a of the penal  law,  as
     2  amended  by  chapter  496  of  the  laws  of 2009, is amended to read as
     3  follows:
     4    Aggravated vehicular assault is a class [C] B felony.
     5    §  12.  This  act  shall  take  effect  on  the first of November next
     6  succeeding the date on which it shall have become a law.