STATE OF NEW YORK
________________________________________________________________________
3028
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
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Introduced by M. of A. GANTT -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to increasing
the penalties for aggravated unlicensed operation of a motor vehicle
in the second and first degrees in certain cases
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 2 of section 511 of the vehi-
2 cle and traffic law, as amended by chapter 607 of the laws of 1993, is
3 amended to read as follows:
4 (b) Aggravated unlicensed operation of a motor vehicle in the second
5 degree is a misdemeanor. When a person is convicted of this crime under
6 subparagraph (i) of paragraph (a) of this subdivision, the sentence of
7 the court must be: (i) a fine of not less than five hundred dollars; and
8 (ii) a term of imprisonment not to exceed one hundred eighty days; or
9 (iii) where appropriate a sentence of probation as provided in subdivi-
10 sion six of this section; or (iv) a term of imprisonment as a condition
11 of a sentence of probation as provided in the penal law and consistent
12 with this section. When a person is convicted of this crime under
13 subparagraph (ii), (iii) or (iv) of paragraph (a) of this subdivision,
14 the sentence of the court must be: (i) a fine of not less than [five
15 hundred] seven hundred fifty dollars nor more than one thousand dollars;
16 and (ii) a term of imprisonment of not less than seven days nor more
17 than one [hundred eighty days] year, or (iii) where appropriate a
18 sentence of probation as provided in subdivision six of this section; or
19 (iv) a term of imprisonment as a condition of a sentence of probation as
20 provided in the penal law and consistent with this section.
21 § 2. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
22 traffic law, as separately amended by chapters 786 and 892 of the laws
23 of 1990, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00953-01-9
A. 3028 2
1 (b) Aggravated unlicensed operation of a motor vehicle in the first
2 degree is a class E felony. When a person is convicted of this crime,
3 the sentence of the court must be: (i) a fine in an amount not less than
4 [five] twenty-five hundred dollars nor more than five thousand dollars;
5 and (ii) a term of imprisonment as provided in the penal law, or (iii)
6 where appropriate and a term of imprisonment is not required by the
7 penal law, a sentence of probation as provided in subdivision six of
8 this section, or (iv) a term of imprisonment as a condition of a
9 sentence of probation as provided in the penal law.
10 § 3. This act shall take effect on the first of November next succeed-
11 ing the date on which it shall have become a law.