Relates to the penalty for aggravated unlicensed operation of a motor vehicle in the third degree; reduces the classification of such offense from an unclassified misdemeanor to a traffic infraction; and limits sentencing of a person convicted of such offense to monetary fines.
STATE OF NEW YORK
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7420
2019-2020 Regular Sessions
IN ASSEMBLY
May 1, 2019
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Introduced by M. of A. WALCZYK -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to decriminal-
izing the offense of aggravated unlicensed operation of a motor vehi-
cle in the third degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. Each year, thousands of motorists
2 across the state of New York are charged with the unclassified misdemea-
3 nor of aggravated unlicensed operation of a motor vehicle in the third
4 degree. Many of the motorists charged with such offense do not have
5 knowledge of their original license suspension. A person must know or
6 have reason to know that such person's license is suspended, revoked or
7 otherwise withdrawn to be charged with such offense. As a misdemeanor,
8 any person charged with such offense faces the potential for incarcera-
9 tion. Due to the threat of incarceration, alleged offenders require
10 assignment of counsel under county plans for indigent defense, utilize a
11 significant amount of law enforcement resources for court appearances,
12 and require greater attention and resources from local prosecutors.
13 Decriminalization of the offense of aggravated unlicensed operation of a
14 motor vehicle in the third degree would allow for offenders to be penal-
15 ized for their actions while reducing the burden on county and state
16 employees who are a part of the prosecution and defense of such offen-
17 ders.
18 § 2. Paragraphs (b) and (c) of subdivision 1 of section 511 of the
19 vehicle and traffic law, paragraph (b) as amended by chapter 607 of the
20 laws of 1993 and paragraph (c) as added by chapter 173 of the laws of
21 1990, are amended to read as follows:
22 (b) Aggravated unlicensed operation of a motor vehicle in the third
23 degree is a [misdemeanor] traffic infraction. When a person is convicted
24 of this offense, the sentence of the court must be[: (i)] a fine of not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11272-01-9
A. 7420 2
1 less than two hundred dollars nor more than five hundred dollars[; or
2 (ii) a term of imprisonment of not more than thirty days; or (iii) both
3 such fine and imprisonment].
4 (c) When a person is convicted of this offense with respect to the
5 operation of a motor vehicle with a gross vehicle weight rating of more
6 than eighteen thousand pounds, the sentence of the court must be[: (i)]
7 a fine of not less than five hundred dollars nor more than fifteen
8 hundred dollars[; or (ii) a term of imprisonment of not more than thirty
9 days; or (iii) both such fine and imprisonment].
10 § 3. This act shall take effect immediately.
