Amd Art 20 Art Head, add §510-e, amd §§1146 & 511, V & T L
Enacts "Charlotte's Law"; relates to the permanent termination of licenses of persistent vehicle and traffic law violators who have been convicted of certain violations three times in a 25 year period.
STATE OF NEW YORK
________________________________________________________________________
382
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
___________
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to enacting
"Charlotte's Law" relating to the termination of driving privileges of
persistent vehicle and traffic law violators
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 "Charlotte's
2 Law".
3 § 2. The article heading of article 20 of the vehicle and traffic law
4 is amended to read as follows:
5 SUSPENSION [AND], REVOCATION AND
6 TERMINATION
7 § 3. The vehicle and traffic law is amended by adding a new section
8 510-e to read as follows:
9 § 510-e. Termination of driving privileges of persistent vehicle and
10 traffic law violators. 1. Definition of persistent vehicle and traffic
11 law violator. A person is a persistent vehicle and traffic law violator
12 if such person has been convicted three times, within the preceding
13 twenty-five years, of any combination of the following offenses:
14 (a) any offenses defined in section eleven hundred ninety-two of this
15 chapter; or
16 (b) any offense defined in section eleven hundred ninety-two-a of this
17 chapter; or
18 (c) any violation of subdivision (b) or (c) of section eleven hundred
19 forty-six of this chapter; or
20 (d) vehicular manslaughter in the second degree as defined in section
21 125.12 of the penal law, vehicular manslaughter in the first degree as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03847-01-9
S. 382 2
1 defined in section 125.13 of the penal law, or aggravated vehicular
2 homicide as defined in section 125.14 of the penal law; or
3 (e) manslaughter in the second degree as defined in subdivision one of
4 section 125.15 of the penal law, or manslaughter in the first degree as
5 defined by subdivision one of section 125.20 of the penal law, in which
6 the death was caused by an offender's operation of a motor vehicle in
7 violation of the provisions of this chapter.
8 2. Persistent vehicle and traffic law violator licenses and driving
9 privileges shall be permanently terminated, including the driving privi-
10 leges of a non-resident operating a motor vehicle in this state and the
11 privilege of an unlicensed person of obtaining a license issued by the
12 commissioner.
13 3. The judge shall issue an order revoking and terminating such
14 license upon conviction, and the license holder shall surrender such
15 license to the court.
16 4. Nothing contained in this section shall prevent the court from
17 imposing any other authorized disposition and nothing contained in this
18 section shall prohibit the imposition of a charge of any other offense
19 set forth in this chapter or any other provision of law for any acts
20 arising out of the same incident.
21 § 4. Subdivision (e) of section 1146 of the vehicle and traffic law is
22 relettered subdivision (f) and a new subdivision (e) is added to read as
23 follows:
24 (e) A violation of subdivision (b) or (c) of this section committed by
25 a person who has previously been convicted of any two violations of
26 either or both of such subdivisions within the preceding twenty-five
27 years shall constitute a class E felony punishable by a fine of not more
28 than three thousand dollars, or by imprisonment as provided by the penal
29 law or by any combination of such fine or imprisonment, and by permanent
30 termination of driving privileges, in addition to any other penalties
31 provided by law.
32 § 5. Subdivision 3 of section 511 of the vehicle and traffic law, as
33 amended by chapter 420 of the laws of 1989, paragraph (a) as amended by
34 chapter 732 of the laws of 2006, subparagraph (iii) of paragraph (a) as
35 amended and subparagraph (iv) of paragraph (a) as added by chapter 169
36 of the laws of 2013, and paragraph (b) as separately amended by chapters
37 786 and 892 of the laws of 1990, is amended to read as follows:
38 3. Aggravated unlicensed operation of a motor vehicle in the first
39 degree. (a) A person is guilty of the offense of aggravated unlicensed
40 operation of a motor vehicle in the first degree when such person: (i)
41 commits the offense of aggravated unlicensed operation of a motor vehi-
42 cle in the second degree as provided in subparagraph (ii), (iii) or (iv)
43 of paragraph (a) of subdivision two of this section and is operating a
44 motor vehicle while under the influence of alcohol or a drug in
45 violation of subdivision one, two, two-a, three, four, four-a or five of
46 section eleven hundred ninety-two of this chapter; or
47 (ii) commits the offense of aggravated unlicensed operation of a motor
48 vehicle in the third degree as defined in subdivision one of this
49 section; and is operating a motor vehicle while such person has in
50 effect [ten] six or more suspensions, imposed on at least [ten] six
51 separate dates for failure to answer, appear or pay a fine, pursuant to
52 subdivision three of section two hundred twenty-six of this chapter or
53 subdivision four-a of section five hundred ten of this article; or
54 (iii) commits the offense of aggravated unlicensed operation of a
55 motor vehicle in the third degree as defined in subdivision one of this
56 section; and is operating a motor vehicle while under permanent revoca-
S. 382 3
1 tion as set forth in subparagraph twelve of paragraph (b) of subdivision
2 two of section eleven hundred ninety-three of this chapter; or
3 (iv) operates a motor vehicle upon a public highway while holding a
4 conditional license issued pursuant to paragraph (a) of subdivision
5 seven of section eleven hundred ninety-six of this chapter while under
6 the influence of alcohol or a drug in violation of subdivision one, two,
7 two-a, three, four, four-a or five of section eleven hundred ninety-two
8 of this chapter[.]; or
9 (v) operates a motor vehicle while under permanent termination as set
10 forth in section five hundred ten-e of this article.
11 (b) Aggravated unlicensed operation of a motor vehicle in the first
12 degree is a class E felony. When a person is convicted of this crime,
13 the sentence of the court must be: (i) a fine in an amount not less than
14 five hundred dollars nor more than five thousand dollars; (ii) permanent
15 termination as set forth in subparagraph twelve of paragraph (b) of
16 subdivision two of section eleven hundred ninety-three of this chapter
17 and [(ii)] (iii) a term of imprisonment as provided in the penal law, or
18 [(iii)] (iv) where appropriate and a term of imprisonment is not
19 required by the penal law, a sentence of probation as provided in subdi-
20 vision six of this section, or [(iv)] (v) a term of imprisonment as a
21 condition of a sentence of probation as provided in the penal law.
22 § 6. This act shall take effect on the first of November next succeed-
23 ing the date on which it shall have become a law.
