S1888-2013 - NY Senate Open Legislation - Relates to aggravated unlicensed operation of a motor vehicle in the first degree

Relates to penalties for causing a death while committing aggravated unlicensed operation of a motor vehicle.

Sponsor: BONACIC / Committee: TRANSPORTATION
Law Section: Vehicle and Traffic Law / Law: Amd S511, V & T L

S1888-2013 Actions

Apr 29, 2013: referred to transportation
Apr 29, 2013: DELIVERED TO ASSEMBLY
Apr 29, 2013: PASSED SENATE
Apr 22, 2013: ADVANCED TO THIRD READING
Apr 17, 2013: 2ND REPORT CAL.
Apr 16, 2013: 1ST REPORT CAL.335
Jan 9, 2013: REFERRED TO TRANSPORTATION

S1888-2013 Meetings

Transportation: Apr 16, 2013

S1888-2013 Calendars

Active List: Apr 29, 2013 , Floor Calendar: Apr 17, 2013 , Floor Calendar: Apr 22, 2013 , Floor Calendar: Apr 23, 2013 , Floor Calendar: Apr 24, 2013 , Floor Calendar: Apr 29, 2013

S1888-2013 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

VOTE: FLOOR VOTE: - Apr 29, 2013

Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Krueger, Libous, Sanders

S1888-2013 Memo

BILL NUMBER:S1888

TITLE OF BILL:  An act to amend the vehicle and traffic law, in relation
to  aggravated  unlicensed  operation  of  a  motor vehicle in the first
degree

PURPOSE OR GENERAL IDEA OF BILL:  To create felony level sanctions  when
an  unlicensed individual negligently causes the death of another person
while operating a motor vehicle.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Provides that this act shall be known and  may  be  cited  as
"Teresita's Law."

Section  2:  Amends paragraph (a) of subdivision 3 of section 511 of the
Vehicle and Traffic Law by adding  a  new  subparagraph  (iv).  The  new
subparagraph makes it a class E felony to negligently cause the death of
another  person  while  operating  a  motor  vehicle  with  a suspended,
revoked, or otherwise withdrawn license.

Section 3: Effective date.

JUSTIFICATION:  Teresita "Grace" Solano was killed on February 24,  2012
in  Middletown,  NY  by  an  individual  who  was operating a car with a
suspended license.  It appears the defendant, who, while driving with  a
suspended license, caused the death of Ms. Solano, can only be convicted
of a misdemeanor and sentenced to a maximum of thirty days in jail. This
legislation  recognizes  that  unlicensed  operation of a motor vehicle,
which ends negligently in the death of an individual, should be  treated
as  a  more  serious  crime. It grants prosecutors broader discretion to
seek a State prison term for the aggravated unlicensed  operation  which
results in someone's death.

LEGISLATIVE HISTORY:

S.7857 of 2012: Referred to Senate Rules

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately.

S1888-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1888
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen. BONACIC -- 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  aggravated
 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. This act shall be known and may  be  cited  as  "Teresita's
 law".
 

S  2.  Subparagraph (iii) of paragraph (a) of subdivision 3 of section
 511 of the vehicle and traffic law, as amended by  chapter  746  of  the
 laws of 2006, is amended and a new subparagraph (iv) is added to read as
 follows:

 (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[.]; OR
 (IV) COMMITS THE OFFENSE OF AGGRAVATED UNLICENSED OPERATION OF A MOTOR
 VEHICLE IN THE THIRD DEGREE  AS  DEFINED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION;  AND  WHILE OPERATING SUCH VEHICLE NEGLIGENTLY CAUSES THE DEATH
 OF ANOTHER PERSON.
 

S 3. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04574-01-3

S1888-2013: Relates to aggravated unlicensed operation of a motor vehicle in the first degree