STATE OF NEW YORK
________________________________________________________________________
7524--A
2021-2022 Regular Sessions
IN SENATE
November 17, 2021
___________
Introduced by Sen. THOMAS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Transportation in accordance with Senate Rule 6, sec.
8 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05807-05-2
S. 7524--A 2
1 cle, or paragraph i of subdivision three of section five hundred ten of
2 this article, or paragraph (c), (d), or (e) of subdivision one or subdi-
3 vision three of section five hundred ten-a of this article, or section
4 five hundred ten-b of this article, or section five hundred ten-c of
5 this article, or subdivision two of section eleven hundred ninety-three
6 of this chapter.
7 § 3. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
8 traffic law, as separately amended by chapters 786 and 892 of the laws
9 of 1990, is amended to read as follows:
10 (b) Aggravated unlicensed operation of a motor vehicle in the first
11 degree is a class E felony. When a person is convicted of this crime,
12 the sentence of the court must be: (i) a fine in an amount not less than
13 five hundred dollars nor more than five thousand dollars; and (ii) a
14 term of imprisonment as provided in the penal law except that where a
15 person is convicted of this crime under subparagraph (v) of paragraph
16 (a) of this subdivision, any term of imprisonment imposed for a
17 violation of this section shall be a definite sentence, which may not
18 exceed two years, or (iii) where appropriate and a term of imprisonment
19 is not required by the penal law, a sentence of probation as provided in
20 subdivision six of this section, or (iv) a term of imprisonment as a
21 condition of a sentence of probation as provided in the penal law.
22 § 4. Subdivision 7 of section 510 of the vehicle and traffic law is
23 amended by adding a new closing paragraph to read as follows:
24 The commissioner shall provide written notice, in a conspicuous, bold
25 type, to all persons having four license suspensions or revocations,
26 where a fifth license suspension or revocation could result in a charge
27 of aggravated unlicensed operation in the first degree pursuant to
28 subparagraph (v) of paragraph (a) of subdivision three of section five
29 hundred eleven of this article, that a fifth such suspension or revoca-
30 tion would subject any person charged under such subparagraph (v) to a
31 class E felony with a definite sentence which may not exceed two years.
32 § 5. This act shall take effect on the first of November next succeed-
33 ing the date on which it shall have become a law.
