Relates to the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree and aggravated unlicensed operation in the second degree.
STATE OF NEW YORK
________________________________________________________________________
8369
2015-2016 Regular Sessions
IN ASSEMBLY
August 24, 2015
___________
Introduced by M. of A. MURRAY -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the number
of prior suspensions needed to qualify for aggravated unlicensed oper-
ation in the first degree and aggravated unlicensed operation of a
motor vehicle in the second degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Angelica's
2 law".
3 § 2. Paragraph (a) of subdivision 3 of section 511 of the vehicle and
4 traffic law, as amended by chapter 732 of the laws of 2006, subparagraph
5 (iii) as amended and subparagraph (iv) as added by chapter 169 of the
6 laws of 2013, is amended to read as follows:
7 (a) A person is guilty of the offense of aggravated unlicensed opera-
8 tion of a motor vehicle in the first degree when such person: (i)
9 commits the offense of aggravated unlicensed operation of a motor vehi-
10 cle in the second degree as provided in subparagraph (ii)[,] or (iii)
11 [or (iv)] of paragraph (a) of subdivision two of this section and is
12 operating a motor vehicle while under the influence of alcohol or a drug
13 in violation of subdivision one, two, two-a, three, four, four-a or five
14 of section eleven hundred ninety-two of this chapter; or
15 (ii) commits the offense of aggravated unlicensed operation of a motor
16 vehicle in the third degree as defined in subdivision one of this
17 section; and is operating a motor vehicle while such person has in
18 effect [ten] five or more suspensions, imposed on at least [ten] five
19 separate dates for failure to answer, appear or pay a fine, pursuant to
20 subdivision three of section two hundred twenty-six of this chapter or
21 subdivision four-a of section five hundred ten of this article; or
22 (iii) commits the offense of aggravated unlicensed operation of a
23 motor vehicle in the third degree as defined in subdivision one of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04540-01-5
A. 8369 2
1 section; and is operating a motor vehicle while under permanent revoca-
2 tion as set forth in subparagraph twelve of paragraph (b) of subdivision
3 two of section eleven hundred ninety-three of this chapter; or
4 (iv) operates a motor vehicle upon a public highway while holding a
5 conditional license issued pursuant to paragraph (a) of subdivision
6 seven of section eleven hundred ninety-six of this chapter while under
7 the influence of alcohol or a drug in violation of subdivision one, two,
8 two-a, three, four, four-a or five of section eleven hundred ninety-two
9 of this chapter.
10 § 3. Subparagraph (iv) of paragraph (a) of subdivision 2 of section
11 511 of the vehicle and traffic law, as amended by chapter 607 of the
12 laws of 1993, is amended to read as follows:
13 (iv) such person has in effect [three] two or more suspensions,
14 imposed on at least [three] two separate dates, for failure to answer,
15 appear or pay a fine, pursuant to subdivision three of section two
16 hundred twenty-six or subdivision four-a of section five hundred ten of
17 this chapter.
18 § 4. This act shall take effect on the first of November next succeed-
19 ing the date on which it shall have become a law.
