STATE OF NEW YORK
________________________________________________________________________
6683
2017-2018 Regular Sessions
IN ASSEMBLY
March 15, 2017
___________
Introduced by M. of A. M. L. MILLER, CROUCH, MURRAY, McDONOUGH, RAIA --
Multi-Sponsored by -- M. of A. GARBARINO, GIGLIO, LUPINACCI, PALMESANO
-- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the crime of
aggravated unlicensed operation 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. Section 511 of the vehicle and traffic law, as added by
2 chapter 756 of the laws of 1985, paragraph (a) of subdivision 1 as
3 amended and paragraph (c) of subdivision 1 as added by chapter 173 of
4 the laws of 1990, paragraph (b) of subdivision 1 and paragraphs (a) and
5 (b) of subdivision 2 as amended by chapter 607 of the laws of 1993,
6 subdivisions 2 and 3 as amended by chapter 420 of the laws of 1989,
7 subparagraph (ii) of paragraph (a) of subdivision 2 as amended by chap-
8 ter 196 of the laws of 1996, paragraph (a) of subdivision 3 as amended
9 by chapter 732 of the laws of 2006, subparagraph (iii) of paragraph (a)
10 of subdivision 3 as amended and subparagraph (iv) of paragraph (a) of
11 subdivision 3 as added by chapter 169 of the laws of 2013, paragraph (b)
12 of subdivision 3 as separately amended by chapters 786 and 892 of the
13 laws of 1990, and subdivision 7 as amended by section 3 of part P of
14 chapter 59 of the laws of 2013, is amended to read as follows:
15 § 511. Operation while license or privilege is suspended or revoked;
16 aggravated unlicensed operation. 1. Aggravated unlicensed operation of a
17 motor vehicle in the [third] fourth degree. (a) A person is guilty of
18 the offense of aggravated unlicensed operation of a motor vehicle in the
19 [third] fourth degree when such person operates a motor vehicle upon a
20 public highway while knowing or having reason to know that such person's
21 license or privilege of operating such motor vehicle in this state or
22 privilege of obtaining a license to operate such motor vehicle issued by
23 the commissioner is suspended, revoked or otherwise withdrawn by the
24 commissioner.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06774-01-7
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1 (b) Aggravated unlicensed operation of a motor vehicle in the [third]
2 fourth degree is a misdemeanor. When a person is convicted of this
3 offense, the sentence of the court must be: (i) a fine of not less than
4 two hundred dollars nor more than five hundred dollars; [or] and/or (ii)
5 a term of imprisonment of not more than thirty days; or (iii) [both such
6 fine and imprisonment] where appropriate a sentence of conditional
7 discharge or probation as provided in subdivision six of this section.
8 (c) When a person is convicted of this offense with respect to the
9 operation of a motor vehicle with a gross vehicle weight rating of more
10 than eighteen thousand pounds, the sentence of the court must be: (i) a
11 fine of not less than five hundred dollars nor more than fifteen hundred
12 dollars; [or] and/or (ii) a term of imprisonment of not more than thirty
13 days; or (iii) [both such fine and imprisonment] where appropriate a
14 sentence of conditional discharge or probation as provided in subdivi-
15 sion six of this section; or (iv) a term of imprisonment as a condition
16 of a sentence of probation as provided in the penal law and consistent
17 with this section.
18 2. Aggravated unlicensed operation of a motor vehicle in the [second]
19 third degree. (a) A person is guilty of the offense of aggravated unli-
20 censed operation of a motor vehicle in the [second] third degree when
21 such person commits the offense of aggravated unlicensed operation of a
22 motor vehicle in the [third] fourth degree as defined in subdivision one
23 of this section; and
24 (i) has previously been convicted of, or adjudicated a youthful offen-
25 der for, an offense that consists of or includes the elements comprising
26 the offense committed within the immediately preceding eighteen months;
27 or
28 (ii) the suspension or revocation is based upon a refusal to submit to
29 a chemical test pursuant to section eleven hundred ninety-four of this
30 chapter or the provisions of any other jurisdiction, a finding of driv-
31 ing after having consumed alcohol in violation of section eleven hundred
32 ninety-two-a of this chapter or upon a conviction for, or an adjudi-
33 cation as a youthful offender for, a violation of any of the provisions
34 of section eleven hundred ninety-two of this chapter or the provisions
35 of any other jurisdiction provided, however, that such conduct, had it
36 occurred in this state, would have constituted a misdemeanor or felony
37 violation of section eleven hundred ninety-two of this chapter; or
38 (iii) the suspension was a mandatory suspension pending prosecution of
39 a charge of a violation of section eleven hundred ninety-two of this
40 chapter ordered pursuant to paragraph (e) of subdivision two of section
41 eleven hundred ninety-three of this chapter or other similar statute in
42 this, or any other jurisdiction; or
43 (iv) such person has in effect three or more suspensions, imposed on
44 at least three separate dates, for failure to answer, appear or pay a
45 fine, pursuant to subdivision three of section two hundred twenty-six or
46 subdivision four-a of section five hundred ten of this chapter; or
47 (v) physical injury, as defined in subsection nine of section 10.00 of
48 the penal law, has been caused to another person due to an incident
49 involving the motor vehicle operated by such person; or
50 (vi) when such person commits the offense of unlicensed operation of a
51 motor vehicle pursuant to subdivision one of section five hundred nine
52 of this article and physical injury, as defined in subdivision nine of
53 section 10.00 of the penal law, has been caused to another person due to
54 an incident involving the motor vehicle operated by such person; or
55 (vii) when such person commits the offense of aggravated unlicensed
56 operation of a motor vehicle in the third degree pursuant to subpara-
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1 graph (v) of paragraph (a) of subdivision three of this section and
2 physical injury, as defined in subdivision nine of section 10.00 of the
3 penal law, has been caused to another person due to an incident involv-
4 ing the motor vehicle operated by such person.
5 (b) Aggravated unlicensed operation of a motor vehicle in the [second]
6 third degree is a misdemeanor. When a person is convicted of this crime
7 under subparagraph (i) of paragraph (a) of this subdivision, the
8 sentence of the court must be: (i) a fine of not less than five hundred
9 dollars; and (ii) a term of imprisonment not to exceed one hundred
10 eighty days; or (iii) where appropriate a sentence of probation as
11 provided in subdivision six of this section; or (iv) a term of imprison-
12 ment as a condition of a sentence of probation as provided in the penal
13 law and consistent with this section. When a person is convicted of this
14 crime under subparagraph (ii), (iii) or (iv) of paragraph (a) of this
15 subdivision, the sentence of the court must be: (i) a fine of not less
16 than five hundred dollars nor more than one thousand dollars; and (ii) a
17 term of imprisonment of not less than seven days nor more than one
18 hundred eighty days, or (iii) where appropriate a sentence of probation
19 as provided in subdivision six of this section; or (iv) a term of impri-
20 sonment as a condition of a sentence of probation as provided in the
21 penal law and consistent with this section. A violation of subparagraph
22 (v), (vi) or (vii) of paragraph (a) of this subdivision shall be a class
23 A misdemeanor and shall be sentenced according to the provisions of the
24 penal law.
25 3. Aggravated unlicensed operation of a motor vehicle in the [first]
26 second degree. (a) A person is guilty of the offense of aggravated unli-
27 censed operation of a motor vehicle in the [first] second degree when
28 such person: (i) commits the offense of aggravated unlicensed operation
29 of a motor vehicle in the [second] third degree as provided in subpara-
30 graph (ii), (iii) or (iv) of paragraph (a) of subdivision two of this
31 section and is operating a motor vehicle while under the influence of
32 alcohol or a drug in violation of subdivision one, two, two-a, three,
33 four, four-a or five of section eleven hundred ninety-two of this chap-
34 ter; or
35 (ii) commits the offense of aggravated unlicensed operation of a motor
36 vehicle in the [third] fourth degree as defined in subdivision one of
37 this section; and is operating a motor vehicle while such person has in
38 effect ten or more suspensions, imposed on at least ten separate dates
39 for failure to answer, appear or pay a fine, pursuant to subdivision
40 three of section two hundred twenty-six of this chapter or subdivision
41 four-a of section five hundred ten of this article; or
42 (iii) commits the offense of aggravated unlicensed operation of a
43 motor vehicle in the [third] fourth degree as defined in subdivision one
44 of this section; and is operating a motor vehicle while under permanent
45 revocation as set forth in subparagraph twelve of paragraph (b) of
46 subdivision two of section eleven hundred ninety-three of this chapter;
47 or
48 (iv) operates a motor vehicle upon a public highway while holding a
49 conditional license issued pursuant to paragraph (a) of subdivision
50 seven of section eleven hundred ninety-six of this chapter while under
51 the influence of alcohol or a drug in violation of subdivision one, two,
52 two-a, three, four, four-a or five of section eleven hundred ninety-two
53 of this chapter; or
54 (v) when such person operates a motor vehicle upon a public highway
55 after such person's application for relicensing has been denied pursuant
56 to 15 NYCRR 136.5(b)(1) or (2) or when such operation occurs within the
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1 period of reapplication delay imposed by the commissioner pursuant to 15
2 NYCRR 136.5(b)(3) or (4); or
3 (vi) when such person commits the offense of unlicensed operation of a
4 motor vehicle pursuant to subdivision one of section five hundred nine
5 of this title or aggravated unlicensed operation of a motor vehicle in
6 the fourth degree as defined in subdivision one of this section or
7 aggravated unlicensed operation of a motor vehicle in the second degree
8 pursuant to subparagraph (v) of this paragraph; serious physical injury,
9 as defined in subdivision ten of section 10.00 of the penal law, has
10 been caused to another person due to an incident involving the motor
11 vehicle operated by such person.
12 (b) Exceptions. Subparagraph (vi) of paragraph (a) of this subdivision
13 shall not apply when the suspension was issued pursuant to (a) subdivi-
14 sion four-e of section five hundred ten of this article due to a support
15 arrears, or (b) subdivision four-f of section five hundred ten of this
16 article due to past-due tax liabilities.
17 [(b)] (c) Aggravated unlicensed operation of a motor vehicle in the
18 [first] second degree is a class E felony. When a person is convicted of
19 this crime, the sentence of the court must be: (i) a fine in an amount
20 not less than five hundred dollars nor more than five thousand dollars;
21 and (ii) a term of imprisonment as provided in the penal law, or (iii)
22 where appropriate and a term of imprisonment is not required by the
23 penal law, a sentence of probation as provided in subdivision six of
24 this section, or (iv) a term of imprisonment as a condition of a
25 sentence of probation as provided in the penal law.
26 4. Aggravated unlicensed operation of a motor vehicle in the first
27 degree. (a) A person is guilty of the offense of aggravated unlicensed
28 operation of a motor vehicle in the first degree when such person
29 commits the offense of unlicensed operation of a motor vehicle pursuant
30 to subdivision one of section five hundred nine of this title or aggra-
31 vated unlicensed operation of a motor vehicle in the fourth degree as
32 defined in subdivision one of this section or aggravated unlicensed
33 operation of a motor vehicle in the second degree pursuant to subpara-
34 graph (v) of paragraph (a) of subdivision three of this section; and the
35 death of another person has been caused due to an incident involving the
36 motor vehicle operated by such person.
37 (b) Exceptions. Aggravated unlicensed operation of a motor vehicle in
38 the first degree shall not apply when the suspension was issued pursuant
39 to (i) subdivision four-e of section five hundred ten of this article
40 due to a support arrears, or (ii) subdivision four-f of section five
41 hundred ten of this article due to past-due tax liabilities.
42 (c) Aggravated unlicensed operation of a motor vehicle in the first
43 degree is a class D felony. When a person is convicted of this crime,
44 the sentence of the court must be: (i) a fine in an amount not less than
45 two thousand dollars; and (ii) a term of imprisonment as provided in the
46 penal law, or (iii) where appropriate and a term of imprisonment is not
47 required by the penal law, a sentence of probation as provided in subdi-
48 vision six of this section, or (iv) a term of imprisonment as a condi-
49 tion of a sentence of probation as provided in the penal law.
50 [4. Defense. In any prosecution under this section or section five
51 hundred eleven-a of this chapter, it is a defense that the person oper-
52 ating the motor vehicle has at the time of the offense a license issued
53 by a foreign country, state, territory or federal district, which
54 license is valid for operation in this state in accordance with the
55 provisions of section two hundred fifty of this chapter.]
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1 5. Limitation on pleas. Where an accusatory instrument charges a
2 violation of this section, any plea of guilty entered in satisfaction of
3 such charge must include at least a plea of guilty of one of the
4 offenses defined by this section and no other disposition by plea of
5 guilty to any other charge in satisfaction of such charge shall be
6 authorized; provided, however, that if the district attorney upon
7 reviewing the available evidence determines that the charge of a
8 violation of this section is not warranted, he may set forth upon the
9 record the basis for such determination and consent to a disposition by
10 plea of guilty to another charge in satisfaction of such charge, and the
11 court may accept such plea.
12 6. Sentence of probation. In any case where a sentence of probation is
13 authorized by this section, the court may in its discretion impose such
14 sentence, provided however, if the court is of the opinion that a
15 program of alcohol or drug treatment may be effective in assisting in
16 prevention of future offenses of a similar nature upon imposing such
17 sentence, the court shall require as a condition of the sentence that
18 the defendant participate in such a program.
19 7. Exceptions. When a person is convicted of a violation of subdivi-
20 sion one or two of this section, and the suspension was issued pursuant
21 to (a) subdivision four-e of section five hundred ten of this article
22 due to a support arrears, or (b) subdivision four-f of section five
23 hundred ten of [the] this article due to past-due tax liabilities, the
24 mandatory penalties set forth in subdivision one or two of this section
25 shall not be applicable if, on or before the return date or subsequent
26 adjourned date, such person presents proof that such support arrears or
27 past-due tax liabilities have been satisfied as shown by certified
28 check, notice issued by the court ordering the suspension, or notice
29 from a support collection unit or department of taxation and finance as
30 applicable. The sentencing court shall take the satisfaction of arrears
31 or the payment of the past-due tax liabilities into account when impos-
32 ing a sentence for any such conviction. For licenses suspended for non-
33 payment of past-due tax liabilities, the court shall also take into
34 consideration proof, in the form of a notice from the department of
35 taxation and finance, that such person has made payment arrangements
36 that are satisfactory to the commissioner of taxation and finance.
37 § 2. This act shall take effect on the ninetieth day after it shall
38 have become a law.
