Bill S1503-2013

Relates to the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree; repealer

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jun 21, 2013: COMMITTED TO RULES
  • Apr 22, 2013: ADVANCED TO THIRD READING
  • Apr 17, 2013: 2ND REPORT CAL.
  • Apr 16, 2013: 1ST REPORT CAL.334
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - Apr 16, 2013
Ayes (17): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky
Ayes W/R (1): Gipson

Memo

BILL NUMBER:S1503

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree and repealing subparagraph (iv) of paragraph (a) of subdivision 2 of section 511 of such law relating thereto

PURPOSE: This bill decreases the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree from ten prior suspensions to five prior suspensions.

SUMMARY OF PROVISIONS: Section 511 (3)(a) of the Vehicle and Traffic Law, which is an element of aggravated unlicensed operation in the first degree, is amended to require five or more suspensions for failure to answer, appear, or pay a fine rather than, ten or more separate suspensions.

JUSTIFICATION: Under this legislation a person may be prosecuted for aggravated unlicensed operation in the first degree when such person has five or more suspensions for failure to answer, appear, or pay a fine. Under current law the person must have had ten such suspensions to be prosecuted for aggravated unlicensed operation of a motor vehicle in the first degree. The dangers posed by unlicensed drivers to pedestrians and other motorists in New York State are well documented. Numerous deaths have been caused by these drivers.

LEGISLATIVE HISTORY: 2002-2008: Passed Senate. 2009-10: Senate Transportation. 2011-12: Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first day of November next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1503 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
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 and repealing subparagraph (iv) of paragraph (a) of subdivision 2 of section 511 of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 3 of section 511 of the vehi- cle and traffic law, as amended by chapter 732 of the laws of 2006, subparagraph (iii) as amended by chapter 746 of the laws of 2006, is amended to read as follows: (a) A person is guilty of the offense of aggravated unlicensed opera- tion of a motor vehicle in the first degree when such person: (i) commits the offense of aggravated unlicensed operation of a motor vehi- cle in the second degree as provided in subparagraph (ii)[,] OR (iii) [or (iv)] of paragraph (a) of subdivision two of this section and is operating a motor vehicle while under the influence of alcohol or a drug in violation of subdivision one, two, two-a, three, four, four-a or five of section eleven hundred ninety-two of this chapter; or (ii) commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and is operating a motor vehicle while such person has in effect [ten] FIVE or more suspensions, imposed on at least [ten] FIVE separate dates for failure to answer, appear or pay a fine, pursuant to subdivision three of section two hundred twenty-six of this chapter or subdivision four-a of section five hundred ten of this article; or (iii) commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and is operating a motor vehicle while under permanent revoca-
tion as set forth in subparagraph twelve of paragraph (b) of subdivision two of section eleven hundred ninety-three of this chapter. S 2. Subparagraph (iv) of paragraph (a) of subdivision 2 of section 511 of the vehicle and traffic law is REPEALED. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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