Bill S751-2013

Relates to the offense of aggravated unlicensed operation of a motor vehicle in the first degree

Includes operating a motor vehicle with a conditional license while intoxicated under the crime of aggravated unlicensed operation of a motor vehicle in the first degree.

Details

Actions

  • Mar 4, 2013: referred to transportation
  • Mar 4, 2013: DELIVERED TO ASSEMBLY
  • Mar 4, 2013: PASSED SENATE
  • Feb 28, 2013: ADVANCED TO THIRD READING
  • Feb 27, 2013: 2ND REPORT CAL.
  • Feb 12, 2013: 1ST REPORT CAL.60
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Transportation - Feb 12, 2013
Ayes (18): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Smith, Young, Zeldin, Dilan, Diaz, Kennedy, Squadron, Stavisky, Gipson
Ayes W/R (1): Perkins

Memo

BILL NUMBER:S751

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

PURPOSE: To include operating a motor vehicle with a conditional license while intoxicated under the crime of aggravated unlicensed operation of a motor vehicle, a class E felony.

SUMMARY OF PROVISIONS: Section 1. Amends subparagraph (iii) of paragraph (a) of subdivision 3 of section 511 of the vehicle and traffic law by adding new subparagraph (iv)

Section 2. Effective date

JUSTIFICATION: The Legislature enacted VTL § 1196(7) to set forth the conditions under which a driver with a conditional license (issued after a DUI offense) can operate a vehicle. Any operation outside those conditions ennumerated in § 1196(7) is an infraction; a prohibition against driving while intoxicated or impaired is not an ennumerated condition. Section 511 of the VTL provides for penalties for persons driving with a suspended or revoked licenses; driving under the influence with a suspended of revoked license is class E felony. The Court of Appeals, in People v. Rivera (2010), found that though the privileges of a person with a conditional license remain suspended, that person is not driving with a suspended license for purposes of §511. The Court found instead that in adopting § 1196(7) the Legislature intended to set forth all conditions for driving with a conditional license. Therefore, a person who is granted the privilege of a conditional license faces a far lighter penalty for continuing to drive under the influence than does a person with a suspended license.

The sample set of facts below illustrates this disparity in charging:

Sample Facts: Two drivers are arrested for driving with a blood alcohol concentration of .12. Both are convicted of DWI and their licenses are revoked. Driver A receives the benefit of a conditional license. Driver B does not. One month later both drivers are stopped for Driving While Ability Impaired by Alcohol (DWAI) and both register a BAC of .07. If a conditional license terminates the revocation, the following disparity in charging occurs:

Driver A (Conditional) Driver B (No Conditional)

If DWAI (Traffic Infraction) If DWAI (Traffic Infraction)

Then Operating Outside the Then VTL §511(3)(a) (E FELONY) Conditional

VTL § 1196(7)(f) (Traffic Infraction)

LEGISLATIVE HISTORY: 2011:12: Passed the Senate (S.4177/A.6890)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 751 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. FUSCHILLO, BONACIC, DeFRANCISCO, FLANAGAN, GOLDEN, LARKIN, LAVALLE, MAZIARZ, RANZENHOFER -- read twice and ordered print- ed, and when printed to be committed to the Committee on Transporta- tion AN ACT to amend the vehicle and traffic law, in relation to the offense of 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. 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) HAS A CONDITIONAL LICENSE PURSUANT TO PARAGRAPH (A) OF SUBDIVI- SION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER 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. S 2. This act shall take effect immediately.

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