NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7245A
SPONSOR: Kaminsky (MS) TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the crime of
aggravated unlicensed operation of a motor vehicle
PURPOSE:
To strengthen the penalties for aggravated unlicensed operation of a
motor vehicle.
SUMMARY OF PROVISIONS:
The statute is re-ordered by adding a higher level offense. The first
degree provision is new and caused the previous three degrees to be
renumbered second, third and fourth degrees.
Section one amends section: 511(1) of the vehicle and traffic law to add
the possible sentences of conditional discharges or probation to enable
the court to require compliance with a sentencing condition under court
supervision.
511(2)(a)(i) and (ii) are amended to include suspensions or revocations
received as part of a youthful offender adjudication for a DWI. Current-
ly if a driver is impaired or intoxicated and has an open DWI-related
suspension, the driver can be charged with a felony aggravated unli-
censed operation of a motor vehicle. The current statute relies on the
word "conviction". Since a youthful offender adjudication is not techni-
cally a conviction, the charge cannot be brought once the DWI is
resolved. However, the youthful offender driver can be charged with the
felony while the driver's underlying DWI case is open and there is an
open suspension pending prosecution or a refusal revocation. It is
illogical that an adjudication establishing the commission of the under-
lying DWI does not. This amendment provides parity.
511(2)(a)(ii) and (iii) are further amended to include DWI-related
suspensions and revocation from other jurisdictions as long as the
offenses would constitute a misdemeanor or felony offense in New York.
VTL § 1192(8) recognizes out-of-state DWI convictions for charging
purposes. The aggravated unlicensed operation statute should be consist-
ent and recognize out-of-state events as well.
Subparagraph (v) is added to 511(2)(a) to provide for a misdemeanor when
a driver commits a violation of aggravated unlicensed operation and
physical injury has been caused to another person as a result of an
incident involving the motor vehicle. This language mirrors the language
of VTL § 600(2), leaving the scene of an incident without reporting.
511(2)(c) is added to exclude certain financial suspensions.
Subparagraph (vi) is added to 511(2)(a) to provide for a misdemeanor
when a driver commits a violation of VTL § 509(1) by operating a motor
vehicle without being duly licensed and physical injury has been caused
to another person as a result of an incident involving the motor vehi-
cle.
Subparagraph (vii) is added to 511(2)(a) to provide for a misdemeanor
when a driver commits a violation of aggravated unlicensed operation in
the second degree by driving while the driver's license reapplication
has been denied or delayed pursuant to 15 NYCRR 136.5(b) and physical
injury has been caused to another person as a result of an incident
involving the motor vehicle. 511(2)(b) is amended to specify that a
violation of subparagraphs (v), (vi) or (vii) is a class A misdemeanor.
Subparagraph (v) is added to 511(3)(a) to create a new class E felony
offense of aggravated unlicensed operation in the second degree by driv-
ing while the driver's license reapplication has been denied or delayed
pursuant to 15 NYCRR 136.5(b). This provision corrects an anomaly. The
Governor strengthened relicensing regulations to disallow the worst
driving offenders from being relicensed or in some cases to deny reli-
censing for at least 5 years. Driving with 10 unanswered tickets from 10
different traffic stop dates is currently a class E felony. But the
driver who operates a motor vehicle while "permanently" denied (or
delayed) relicensing currently faces only a traffic infraction pursuant
to VTL § 509(1).
Subparagraph (vi) is added to 511(3)(a) to create a new class E felony
offense of aggravated unlicensed operation in the second degree when a
driver commits a violation of aggravated unlicensed operation and seri-
ous physical injury has been caused to another person as a result of an
incident involving the motor vehicle. 511(3)(b) is added to exclude
certain financial suspensions.
Former 511(4) is deleted as redundant. This section only applies to
licenses or privileges to operate that have been suspended, revoked or
withdrawn in this state. Therefore a separate "defense" of a person
possessing a license or privilege from another state that is valid in
this state is unnecessary. No charge could have been filed under these
circumstances.
511(4)(a) is added to create a new class D felony offense of aggravated
unlicensed operation in the first degree when a driver commits a
violation of aggravated unlicensed operation and death has been caused
to another person as a result of an incident involving the motor vehi-
cle. 511(4)(b) is added to exclude certain financial suspensions.
511(4)(c) provides for class D felony sanctions.
PL § 160.10 Fingerprinting; is amended to correct an anomaly and require
fingerprinting for all violations of VTL §§ 511, 1192 and 1212. Current
law does not provide for any fingerprinting for VTL §§ 511 and 1212. As
a result the Court, Probation and the District Attorney's Office are not
notified when an offender under court supervision is arrested for one of
these offenses. This includes court supervision where one of the condi-
tions of release or sentence is not to drive. The absence of finger-
printing prevents effective prosecution and supervision of theses offen-
ders.
JUSTIFICATION:
On March 19th, 2015, a driver with a suspended license fled the scene of
a collision and after speeding away, hit a second vehicle and crashed
into a storefront, injuring at least 4 innocent bystanders. Two people
were seriously injured in the shopping center on Long Island. The driv-
er's license was suspended since 1996. On December 11, 2014, twelve year
old, Zachary Ranftle was killed by a driver with a suspended license as
the child walked to school. On June 5, 2012 Stephen Joseph Fay was
killed when a truck driver with a suspended license pulled out of a
parking lot in front of the victim's motorcycle. Records indicate the
driver had been suspended since 2005. There are dozens of other victims
across New York State. In each of the cases cited, the driver could
only be charged with a misdemeanor for driving with a suspended or
revoked license. The level of the crime did not change even though inno-
cent bystanders were seriously injured or killed.
There are numerous cases of drivers who should not be on the road
because they either have no license or a license that is suspended or
revoked. Background provided by the National Highway Traffic Safety
Administration indicates that state motor vehicle officials estimate
that "as high as 80 percent" of the people with suspended or revoked
licenses are continuing to operate motor vehicles. The AAA Foundation
evaluated data from 1993 - 1999 and concluded "of the 278,078 drivers
involved in fatal crashes in the United States... 37% were unlicensed,
74% were driving on an invalid (e.g., suspended, revoked,
denied/cancelled) license". There must be greater deterrence of these
drivers and when a person is seriously injured or killed in an incident
involving a driver who should not have been on the road, the penalties
must fit the result. It is offensive to the victims, their families and
the community that the law does not distinguish between an invalid driv-
er who is stopped by police and one who is involved in a serious injury
or fatal crash.
Existing law is inadequate to act as a deterrent. The creation of two
additional felony offenses for the most serious types of aggravated
unlicensed operation of a motor vehicle, in which another person is
seriously injured or killed, will ensure that appropriate criminal
penalties are in place to deal with these situations in the future.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law.
