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S01187 Text:



 
                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.
                                                                   LBD06015-01-7

        S. 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[;
    14  or
    15    (iv)  such  person has in effect three or more suspensions, imposed on
    16  at least three separate dates, for failure to answer, appear  or  pay  a
    17  fine, pursuant to subdivision three of section two hundred twenty-six or
    18  subdivision 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.
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