S T A T E   O F   N E W   Y O R K
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                                  3347

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by  M. of A. SWEENEY, COOK, ZEBROWSKI, GALEF, JAFFEE, ROBIN-
  SON, ROBERTS, MILLER, STEVENSON, GABRYSZAK, SCHIMEL, GIBSON --  Multi-
  Sponsored  by  -- M. of A. THIELE, TITONE, WEISENBERG -- read once and
  referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to operating  a
  motor vehicle while under the influence of alcohol or drugs and aggra-
  vated unlicensed operation of a motor vehicle in the first degree

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 3 of section 511 of the  vehi-
cle  and  traffic  law, as separately amended by chapters 786 and 892 of
the laws of 1990, is amended to read as follows:
  (b) Aggravated unlicensed operation of a motor vehicle  in  the  first
degree  IN  VIOLATION  OF SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
THIS SUBDIVISION is a class E felony.   AGGRAVATED UNLICENSED  OPERATION
OF  A  MOTOR  VEHICLE  IN  THE FIRST DEGREE IN VIOLATION OF SUBPARAGRAPH
(III) OF PARAGRAPH (A) OF THIS SUBDIVISION IS A CLASS D FELONY.  When  a
person  is  convicted  of this crime, the sentence of the court must be:
(i) a fine in an amount not less than five hundred dollars nor more than
five thousand dollars; and (ii) a term of imprisonment  as  provided  in
the  penal law, or (iii) where appropriate and a term of imprisonment is
not required by the penal law, a sentence of probation  as  provided  in
subdivision  six  of  this  section, or (iv) a term of imprisonment as a
condition of a sentence of probation as provided in the penal law.
  S 2. Subparagraphs (i) and (ii) of paragraph (c) of subdivision  1  of
section  1193  of the vehicle and traffic law, as amended by chapter 496
of the laws of 2009, are amended to read as follows:
  (i) A person who operates a vehicle (A) in  violation  of  subdivision
two,  two-a,  three, four or four-a of section eleven hundred ninety-two
of this article after having been convicted of a violation  of  subdivi-
sion  two,  two-a, three, four or four-a of such section or of vehicular

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04720-01-3
              

A. 3347                             2

assault in the second or first  degree,  as  defined,  respectively,  in
sections  120.03  and 120.04 and aggravated vehicular assault as defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such  law,  within  the  preceding ten years NOT INCLUDING ANY PERIOD OF
IMPRISONMENT, or (B) in violation of paragraph (b) of subdivision  two-a
of  section eleven hundred ninety-two of this article shall be guilty of
a class E felony, and shall be punished by a fine of not less  than  one
thousand  dollars  nor more than five thousand dollars or by a period of
imprisonment as provided in the penal law, or  by  both  such  fine  and
imprisonment.
  (ii)  A person who operates a vehicle in violation of subdivision two,
two-a, three, four or four-a of section  eleven  hundred  ninety-two  of
this  article  after having been convicted of a violation of subdivision
two, two-a, three, four or  four-a  of  such  section  or  of  vehicular
assault  in  the  second  or  first degree, as defined, respectively, in
sections 120.03 and 120.04 and aggravated vehicular assault  as  defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such  law, twice within the preceding ten years NOT INCLUDING ANY PERIOD
OF IMPRISONMENT, shall be guilty of a  class  D  felony,  and  shall  be
punished  by  a fine of not less than two thousand dollars nor more than
ten thousand dollars or by a period of imprisonment as provided  in  the
penal law, or by both such fine and imprisonment.
  S  3.  Clause (a) of subparagraph 12 of paragraph (b) of subdivision 2
of section 1193 of the vehicle and traffic law, as added by chapter  732
of the laws of 2006, is amended to read as follows:
  (a) Notwithstanding any other provision of this chapter to the contra-
ry,  whenever  a  revocation is imposed upon a person for the refusal to
submit to a chemical test pursuant to the provisions of  section  eleven
hundred  ninety-four  of this article or conviction for any violation of
section eleven hundred ninety-two of this article for which  a  sentence
of  imprisonment  may  be  imposed,  and such person has: (i) within the
previous four years been twice convicted of any  provisions  of  section
eleven  hundred  ninety-two  of this article or a violation of the penal
law for which a violation of such section eleven hundred  ninety-two  is
an  essential  element and at least one such conviction was for a crime,
or has twice been found to have refused to submit  to  a  chemical  test
pursuant  to  section eleven hundred ninety-four of this article, or has
any combination of two such convictions  and  findings  of  refusal  not
arising  out  of  the  same  incident; or (ii) within the previous eight
years been convicted three times of  any  provision  of  section  eleven
hundred  ninety-two of this article for which a sentence of imprisonment
may be imposed or a violation of the penal law for which a violation  of
such  section  eleven  hundred ninety-two is an essential element and at
least two such convictions were for crimes, or has been found, on  three
separate  occasions, to have refused to submit to a chemical test pursu-
ant to section eleven hundred ninety-four of this article,  or  has  any
combination  of such convictions and findings of refusal not arising out
of the same  incident;  OR  (III)  BEEN  FOUR  TIMES  CONVICTED  OF  ANY
PROVISION  OF  SECTION  ELEVEN  HUNDRED  NINETY-TWO OF THIS ARTICLE OR A
VIOLATION OF THE PENAL LAW FOR WHICH A VIOLATION OF SUCH SECTION  ELEVEN
HUNDRED  NINETY-TWO  IS  AN  ESSENTIAL  ELEMENT  AND AT LEAST THREE SUCH
CONVICTIONS WERE FOR CRIMES, OR  HAS  FOUR  TIMES  BEEN  FOUND  TO  HAVE

A. 3347                             3

REFUSED  TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED
NINETY-FOUR OF THIS  ARTICLE,  OR  HAS  ANY  COMBINATION  OF  FOUR  SUCH
CONVICTIONS  AND  FINDINGS  OF  REFUSAL  NOT  ARISING  OUT  OF  THE SAME
INCIDENT, such revocation shall be permanent.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.