Requires the fingerprinting of persons charged with aggravated unlicensed operation of a motor vehicle; provides for enhanced penalties for repeat offenses of aggravated unlicensed operation and engaging in reckless driving without a license; increases aggravated unlicensed operation of a motor vehicle in the second degree from a class A misdemeanor to a class E felony, and in the first degree from a class E felony to a class D felony.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A82
SPONSOR: Kavanagh (MS) TITLE OF BILL: An act to amend the criminal procedure law and the
vehicle and traffic law, in relation to aggravated unlicensed operation
of a motor vehicle
PURPOSE: To assist in the detection of individuals who drive without a
valid license, and to enhance the existing criminal sanctions for unli-
censed operation of a motor vehicle.
SUMMARY OF PROVISIONS: Section 1 of the bill amends paragraph d of
subdivision 1 of section 160.10 of the criminal procedure law, in addi-
tion to adding a new paragraph e, to require those drivers arrested for
aggravated unlicensed operation of a motor vehicle, pursuant to vehicle
and traffic law (VTL) section 511, to be fingerprinted.
Section 2 of the bill amends subdivision 11 of VTL section 509 to make
unlicensed operation of a motor vehicle a misdemeanor for persons who
have previously been convicted of unlicensed operation of a motor vehi-
cle under VTL section 509.
Section 3 of the bill amends paragraph a of subdivision 1 of VTL section
511 to include within the offense of aggravated unlicensed operation of
a motor vehicle, those drivers who have never held a valid driver's
license when they have a prior conviction for unlicensed operation of a
motor vehicle. This section also establishes the presumption that a
person with three or more license suspensions imposed upon at least
three or more separate dates knows that his or her license is suspended.
Section 4 of the bill increases the penalties for convictions of aggra-
vated unlicensed operation of a motor vehicle in the first, second and
third degrees and reduces the number of prior suspensions needed to
prove aggravated unlicensed operation of a motor vehicle in the first
degree from ten to five. The bill also provides that certain offenses
related to falsification of a document and the additional element of
engaging in reckless driving are included as elements for which a person
may be convicted of aggravated unlicensed operation of a motor vehicle
in the second degree.
Section 5 of the bill establishes the effective date.
JUSTIFICATION: Current law fails to sufficiently address the problem
of unlicensed driving because of inadequate penalties and the failure to
utilize enforcement tools. The failure to include aggravated unlicensed
operation of a vehicle in the first and second degrees within the list
of offenses for which fingerprints may be taken permits individuals to
continue to violate the law by avoiding detection. Moreover, reports
from law enforcement officials indicate that a large number of drivers
whose licenses have been suspended or revoked will falsify Department of
Motor Vehicle (DMV) records to obtain a driver's license under another
name to avoid detection for violating the provisions of the vehicle and
traffic law (VTL).
By making it easier to detect and prove the crimes of aggravated unli-
censed operation of a vehicle, and by punishing such crimes more severe-
ly, dangerous and unlawful drivers will be substantially deterred from
and sufficiently punished for engaging in such conduct.
LEGISLATIVE HISTORY:
2012: A05341A (Kavanagh) - Codes
2011: A05341 (Kavanagh) - Codes
2010: A04975 (Brodsky) - Codes
2009: A04975 (Brodsky) - Codes
2004 - S.6561 Passed Senate
2007 - S.1703 Passed Senate
FISCAL IMPACT ON THE STATE: None
EFFECTIVE DATE: This act shall take effect immediately.
