S1503-2013 Actions

• 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

S1503-2013 Meetings

S1503-2013 Calendars

S1503-2013 Votes

S1503-2013 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.

S1503-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1503
 2013-2014 Regular Sessions
 I N  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03262-01-3
 
       S. 1503                             2
 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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