Bill S1919-2013

Increases the penalties for driving with a suspended or revoked license

Increases the penalties for driving with a suspended or revoked license.

Details

Actions

  • May 7, 2014: referred to transportation
  • May 7, 2014: DELIVERED TO ASSEMBLY
  • May 7, 2014: PASSED SENATE
  • May 5, 2014: ADVANCED TO THIRD READING
  • Apr 30, 2014: 2ND REPORT CAL.
  • Apr 29, 2014: 1ST REPORT CAL.405
  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Feb 12, 2013: referred to transportation
  • Feb 11, 2013: DELIVERED TO ASSEMBLY
  • Feb 11, 2013: PASSED SENATE
  • Feb 5, 2013: ADVANCED TO THIRD READING
  • Feb 4, 2013: 2ND REPORT CAL.
  • Jan 29, 2013: 1ST REPORT CAL.21
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Transportation - Jan 29, 2013
Ayes (18): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Smith, Young, Zeldin, Dilan, Diaz, Perkins, Squadron, Stavisky, Gipson
Ayes W/R (1): Kennedy
VOTE: COMMITTEE VOTE: - Transportation - Apr 29, 2014
Ayes (19): Robach, Marcellino, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Young, Zeldin, Avella, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Gipson

Memo

BILL NUMBER:S1919

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to increasing the penalties for driving with a suspended or revoked license

PURPOSE OR GENERAL IDEA OF BILL: To stiffen the penalties for driving with a suspended license in order to protect the safety of law abiding drivers.

SUMMARY OF SPECIFIC PROVISIONS: This bill changes the penalties for driving with a suspended license. For a violation in the third degree, the penalty will be changed to a fine no less than $500 to no more than $1000 and/or no more than 30 days in jail. For a violation in the second degree, the penalty will change to a fine of no less than $1000 to no more than $5000 and/or up to 160 days in jail. For a violation in the first degree, the penalty will be one to four years in prison or one year in prison under special circumstances.

JUSTIFICATION: Irresponsible drivers in New York state whose licenses have been suspended or revoked are a danger to others when they operate a vehicle. However, time and time again accidents resulting in the injury and death of innocent people are caused by those who do not obey the law.Violators are not deterred by the consequences of driving without a license. There have been several accidents across the state in the past few years where dangerous drivers who have had their licenses suspended have gotten behind the wheel of a car and caused injuries and fatalities. The Legislature needs to send a clear and persuasive message by increasing the penalties for driving with a suspended license which will help deter those individuals. This legislation seeks to protect the public from those who not only drive irresponsibly, but are not supposed to be allowed on the road in the first place.

PRIOR LEGISLATIVE HISTORY: 2011-2012 S. 1271-A Passed Senate

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1919 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. ADDABBO -- 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 increasing the penalties for driving with a suspended or revoked license THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 1, paragraph (b) of subdivi- sion 2 and paragraph (b) of subdivision 3 of section 511 of the vehicle and traffic law, paragraph (b) of subdivision 1 and paragraph (b) of subdivision 2 as amended by chapter 607 of the laws of 1993 and para- graph (b) of subdivision 3 as separately amended by chapters 786 and 892 of the laws of 1990, are amended to read as follows: (b) Aggravated unlicensed operation of a motor vehicle in the third degree is a misdemeanor. When a person is convicted of this offense, the sentence of the court must be: (i) a fine of not less than [two] FIVE hundred dollars nor more than [five hundred] ONE THOUSAND dollars; or (ii) a term of imprisonment of not more than thirty days; or (iii) both such fine and imprisonment. (b) Aggravated unlicensed operation of a motor vehicle in the second degree is a misdemeanor. When a person is convicted of this crime under subparagraph (i) of paragraph (a) of this subdivision, the sentence of the court must be: (i) a fine of not less than [five hundred] ONE THOU- SAND dollars[; and] NOR MORE THAN FIVE THOUSAND DOLLARS; AND/OR (ii) a term of imprisonment not to exceed one hundred eighty days; or (iii) where appropriate 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 and consistent with this section. When a person is convicted of this crime under subpara- graph (ii), (iii) or (iv) of paragraph (a) of this subdivision, the sentence of the court must be: (i) a fine of not less than five hundred
dollars nor more than one thousand dollars; and (ii) a term of imprison- ment of not less than seven days nor more than one hundred eighty days, or (iii) where appropriate a sentence of probation as provided in subdi- vision six of this section; or (iv) a term of imprisonment as a condi- tion of a sentence of probation as provided in the penal law and consistent with this section. (b) Aggravated unlicensed operation of a motor vehicle in the first degree is a class E 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] ONE THOUSAND dollars nor more than [five] TEN thousand dollars; and (ii) a term of imprisonment [as provided in the penal law,] NOT LESS THAN ONE YEAR AND NOT TO EXCEED FOUR YEARS; 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. This act shall take effect immediately.

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