New York State Assembly

 
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A03983 Summary:

A03983 Actions:

A03983 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:05/24/2023AYE/NAY:25/0  Action: Favorable refer to committee Codes        
Magnarelli
Aye
McDonough
Excused
Lupardo
Aye
Miller
Aye
Thiele
Aye
Norris
Aye
Simon
Aye
DeStefano
Aye
Williams
Aye
Durso
Aye
Fahy
Aye
Giglio
Aye
McMahon
Aye
McGowan
Aye
Darling
Aye
Slater
Aye
Wallace
Aye
Burgos
Aye
Gallagher
Aye
Mitaynes
Aye
Sillitti
Aye
De Los Santos
Aye
Cunningham
Aye
Alvarez
Aye
Shrestha
Aye
Shimsky
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/31/2023AYE/NAY:20/1  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Reilly
Aye
Cook
Aye
Mikulin
Aye
O'Donnell
Excused
Tannousis
Aye
Lavine
Aye
Curran
Aye
Weprin
Aye
Angelino
Aye
Hevesi
Aye
Flood
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Nay
Vanel
Aye
Cruz
Aye
Carroll
Aye
Simon
Aye
Epstein
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/01/2023AYE/NAY:30/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A03983 Floor Votes:

A03983 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3983
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2023
                                       ___________
 
        Introduced  by  M.  of A. THIELE, DeSTEFANO -- read once and referred to
          the Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to first degree
          aggravated unlicensed operation (AUO) of a motor vehicle
 
          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  "Angelica's law".
     3    § 2. Subparagraph (iv) of paragraph (a) of subdivision  3  of  section
     4  511  of the vehicle and traffic law, as added by chapter 169 of the laws
     5  of 2013, is amended and a new subparagraph  (v)  is  added  to  read  as
     6  follows:
     7    (iv)  operates  a  motor vehicle upon a public highway while holding a
     8  conditional license issued pursuant  to  paragraph  (a)  of  subdivision
     9  seven  of  section eleven hundred ninety-six of this chapter while under
    10  the influence of alcohol or a drug in violation of subdivision one, two,
    11  two-a, three, four, four-a or five of section eleven hundred  ninety-two
    12  of this chapter[.]; or
    13    (v)  commits the offense of aggravated unlicensed operation of a motor
    14  vehicle in the third degree  as  defined  in  subdivision  one  of  this
    15  section;  and  is  operating  a  motor  vehicle while such person has in
    16  effect five or more suspensions or revocations, imposed on at least five
    17  separate dates, pursuant to subparagraph (i), (iii),  (iv),  (v),  (vi),
    18  (vii), (viii), (x), (xi), (xii), or (xiii) of paragraph a of subdivision
    19  two  of  section  five hundred ten of this article, or subparagraph (i),
    20  (xiii), (xiv), (xv), (xvi), or (xvii) of paragraph b, or paragraph d  of
    21  such  subdivision,  or  paragraph  a,  b, d, e, or g relating to evading
    22  lawful arrest or prosecution while operating a motor vehicle or motorcy-
    23  cle, or paragraph i of subdivision three of section five hundred ten  of
    24  this article, or paragraph (c), (d), or (e) of subdivision one or subdi-
    25  vision  three  of section five hundred ten-a of this article, or section
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08771-01-3
        A. 3983                             2
 
     1  five hundred ten-b of this article, or section  five  hundred  ten-c  of
     2  this  article, or subdivision two of section eleven hundred ninety-three
     3  of this chapter.
     4    §  3. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
     5  traffic law, as separately amended by chapters 786 and 892 of  the  laws
     6  of 1990, is amended to read as follows:
     7    (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
     8  degree is a class E felony. When a person is convicted  of  this  crime,
     9  the sentence of the court must be: (i) a fine in an amount not less than
    10  five  hundred  dollars  nor  more than five thousand dollars; and (ii) a
    11  term of imprisonment as provided in the penal law except  that  where  a
    12  person  is  convicted  of this crime under subparagraph (v) of paragraph
    13  (a) of  this  subdivision,  any  term  of  imprisonment  imposed  for  a
    14  violation  of  this  section shall be a definite sentence, which may not
    15  exceed two years, or (iii) where appropriate and a term of  imprisonment
    16  is not required by the penal law, a sentence of probation as provided in
    17  subdivision  six  of  this  section, or (iv) a term of imprisonment as a
    18  condition of a sentence of probation as provided in the penal law.
    19    § 4. Subdivision 7 of section 510 of the vehicle and  traffic  law  is
    20  amended by adding a new closing paragraph to read as follows:
    21    The  commissioner shall provide written notice, in a conspicuous, bold
    22  type, to all persons having four  license  suspensions  or  revocations,
    23  where  a fifth license suspension or revocation could result in a charge
    24  of aggravated unlicensed operation  in  the  first  degree  pursuant  to
    25  subparagraph  (v)  of paragraph (a) of subdivision three of section five
    26  hundred eleven of this article, that a fifth such suspension or  revoca-
    27  tion  would  subject any person charged under such subparagraph (v) to a
    28  class E felony with a definite sentence which may not exceed two years.
    29    § 5. This act shall take effect on the first of November next succeed-
    30  ing the date on which it shall have become a law.