Bill S1888A-2013

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.

Details

Actions

  • May 12, 2014: referred to transportation
  • May 12, 2014: DELIVERED TO ASSEMBLY
  • May 12, 2014: PASSED SENATE
  • May 5, 2014: ADVANCED TO THIRD READING
  • Apr 30, 2014: 2ND REPORT CAL.
  • Apr 29, 2014: 1ST REPORT CAL.404
  • Jan 29, 2014: PRINT NUMBER 1888A
  • Jan 29, 2014: AMEND AND RECOMMIT TO TRANSPORTATION
  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • 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

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Transportation - Apr 29, 2014
Ayes (18): Robach, Marcellino, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Young, Zeldin, Avella, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky
Ayes W/R (1): Gipson

Memo

BILL NUMBER:S1888A

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 (v). 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negligently cause the death of another person while operating a motor vehicle with a suspended, revoked, or otherwise withdrawn license.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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1888--A 2013-2014 Regular Sessions IN 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 -- recom- mitted 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 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 (iv) of paragraph (a) of subdivision 3 of section 511 of the vehicle and traffic law, as added by chapter 169 of the laws of 2013, is amended and a new subparagraph (v) is added to read as follows: (iv) operates a motor vehicle upon a public highway while holding a conditional license issued pursuant to paragraph (a) of subdivision seven of section eleven hundred ninety-six of this chapter 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 (V) 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.

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