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S09920 Summary:

BILL NOS09920
 
SAME ASNo Same As
 
SPONSORCHU
 
COSPNSR
 
MLTSPNSR
 
Amd §511, V & T L
 
Provides that aggravated unlicensed operation of a motor vehicle, by a person who has a history of reckless driving, which results in a death shall be a class E felony.
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S09920 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9920
 
                    IN SENATE
 
                                   September 27, 2024
                                       ___________
 
        Introduced  by  Sen.  CHU  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the vehicle and traffic law, in relation  to  aggravated
          unlicensed operation of a motor vehicle 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. Short title. This act shall be known and may  be  cited  as
     2  "Efrain's law".
     3    § 2. Subparagraph (v) of paragraph (a) of subdivision 3 of section 511
     4  of  the  vehicle and traffic law, as added by chapter 722 of the laws of
     5  2023, is amended and a  new  subparagraph  (vi)  is  added  to  read  as
     6  follows:
     7    (v)  commits the offense of aggravated unlicensed operation of a motor
     8  vehicle in the third degree  as  defined  in  subdivision  one  of  this
     9  section;  and  is  operating  a  motor  vehicle while such person has in
    10  effect five or more suspensions or revocations, imposed on at least five
    11  separate dates, pursuant to subparagraph (i), (iii),  (iv),  (v),  (vi),
    12  (vii), (viii), (x), (xi), (xii), or (xiii) of paragraph a of subdivision
    13  two  of  section  five hundred ten of this article, or subparagraph (i),
    14  (xiii), (xiv), (xv), (xvi), or (xvii) of paragraph b, or paragraph d  of
    15  such  subdivision,  or  paragraph  a,  b, d, e, or g relating to evading
    16  lawful arrest or prosecution while operating a motor vehicle or motorcy-
    17  cle, or paragraph i of subdivision three of section five hundred ten  of
    18  this article, or paragraph (c), (d), or (e) of subdivision one or subdi-
    19  vision  three  of section five hundred ten-a of this article, or section
    20  five hundred ten-b of this article, or section  five  hundred  ten-c  of
    21  this  article, or subdivision two of section eleven hundred ninety-three
    22  of this chapter[.]; or
    23    (vi) commits the offense of aggravated unlicensed operation of a motor
    24  vehicle in the third degree as provided in paragraph (a) of  subdivision
    25  two  of this section and has previously been convicted of reckless driv-
    26  ing in violation of the provisions of section twelve hundred  twelve  of
    27  this chapter two times within the preceding ten years, and operates such
    28  motor vehicle in a manner that causes the death of another person.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16067-02-4

        S. 9920                             2
 
     1    § 3. This act shall take effect on the first of November next succeed-
     2  ing  the  date upon which it shall have become a law; provided, however,
     3  that if chapter 722 of the laws of 2023 shall not have taken  effect  on
     4  or before such date then this act shall take effect on the same date and
     5  in the same manner as chapter 722 of the laws of 2023, takes effect.
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