Reduces the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree from ten or more suspensions to five or more suspensions which have to be imposed on at least five separate dates.
STATE OF NEW YORK
________________________________________________________________________
1187
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
___________
Introduced by Sen. MARCELLINO -- 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 the number
of prior suspensions needed to qualify for aggravated unlicensed oper-
ation in the first degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 3 of section 511 of the vehi-
2 cle and traffic law, as amended by chapter 732 of the laws of 2006,
3 subparagraph (iii) as amended and subparagraph (iv) as added by chapter
4 169 of the laws of 2013, is amended to read as follows:
5 (a) A person is guilty of the offense of aggravated unlicensed opera-
6 tion of a motor vehicle in the first degree when such person: (i)
7 commits the offense of aggravated unlicensed operation of a motor vehi-
8 cle in the second degree as provided in subparagraph (ii)[,] or (iii)
9 [or (iv)] of paragraph (a) of subdivision two of this section and is
10 operating a motor vehicle while under the influence of alcohol or a drug
11 in violation of subdivision one, two, two-a, three, four, four-a or five
12 of section eleven hundred ninety-two of this chapter; or
13 (ii) 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 [ten] five or more suspensions, imposed on at least [ten] five
17 separate dates for failure to answer, appear or pay a fine, pursuant to
18 subdivision three of section two hundred twenty-six of this chapter or
19 subdivision four-a of section five hundred ten of this article; or
20 (iii) commits the offense of aggravated unlicensed operation of a
21 motor vehicle in the third degree as defined in subdivision one of this
22 section; and is operating a motor vehicle while under permanent revoca-
23 tion as set forth in subparagraph twelve of paragraph (b) of subdivision
24 two of section eleven hundred ninety-three of this chapter; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06015-01-7
S. 1187 2
1 (iv) operates a motor vehicle upon a public highway while holding a
2 conditional license issued pursuant to paragraph (a) of subdivision
3 seven of section eleven hundred ninety-six of this chapter while under
4 the influence of alcohol or a drug in violation of subdivision one, two,
5 two-a, three, four, four-a or five of section eleven hundred ninety-two
6 of this chapter.
7 § 2. Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 2 of
8 section 511 of the vehicle and traffic law, as amended by chapter 607 of
9 the laws of 1993, are amended to read as follows:
10 (iii) the suspension was a mandatory suspension pending prosecution of
11 a charge of a violation of section eleven hundred ninety-two of this
12 chapter ordered pursuant to paragraph (e) of subdivision two of section
13 eleven hundred ninety-three of this chapter or other similar statute[;
14 or
15 (iv) such person has in effect three or more suspensions, imposed on
16 at least three separate dates, for failure to answer, appear or pay a
17 fine, pursuant to subdivision three of section two hundred twenty-six or
18 subdivision four-a of section five hundred ten of this chapter].
19 § 3. This act shall take effect on the first of November next succeed-
20 ing the date on which it shall have become a law.
