S T A T E   O F   N E W   Y O R K
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                                  7459

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by  M.  of  A.  SWEENEY,  COOK,  LANCMAN,  ZEBROWSKI, GALEF,
  P. RIVERA, JAFFEE, ROBINSON, GUNTHER, ROBERTS, ENGLEBRIGHT, M. MILLER,
  STEVENSON, GABRYSZAK -- Multi-Sponsored by -- M. of A. LUPARDO, MAGEE,
  REILLY, THIELE, TITONE -- read once and referred to the  Committee  on
  Transportation

AN  ACT to amend the vehicle and traffic law, in relation to operating a
  motor vehicle while under the influence of alcohol or drugs and aggra-
  vated 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. Paragraph (b) of subdivision 3 of section 511 of the vehi-
cle and traffic law, as separately amended by chapters 786  and  892  of
the laws of 1990, is amended to read as follows:
  (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
degree IN VIOLATION OF SUBPARAGRAPHS (I) AND (II) OF  PARAGRAPH  (A)  OF
THIS  SUBDIVISION  is a class E felony.  AGGRAVATED UNLICENSED OPERATION
OF A MOTOR VEHICLE IN THE FIRST  DEGREE  IN  VIOLATION  OF  SUBPARAGRAPH
(III)  OF  PARAGRAPH (A) OF THIS SUBDIVISION IS A CLASS D 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 dollars nor more than
five  thousand  dollars;  and (ii) a term of imprisonment as provided in
the penal law, 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.  Subparagraphs (i) and (ii) of paragraph (c) of subdivision 1 of
section 1193 of the vehicle and traffic law, as amended by  chapter  496
of the laws of 2009, are amended to read as follows:
  (i)  A  person  who operates a vehicle (A) in violation of subdivision
two, two-a, three, four or four-a of section eleven  hundred  ninety-two
of  this  article after having been convicted of a violation of subdivi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09909-01-1
              

A. 7459                             2

sion two, two-a, three, four or four-a of such section or  of  vehicular
assault  in  the  second  or  first degree, as defined, respectively, in
sections 120.03 and 120.04 and aggravated vehicular assault  as  defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such  law,  within  the  preceding ten years NOT INCLUDING ANY PERIOD OF
IMPRISONMENT, or (B) in violation of paragraph (b) of subdivision  two-a
of  section eleven hundred ninety-two of this article shall be guilty of
a class E felony, and shall be punished by a fine of not less  than  one
thousand  dollars  nor more than five thousand dollars or by a period of
imprisonment as provided in the penal law, or  by  both  such  fine  and
imprisonment.
  (ii)  A person who operates a vehicle in violation of subdivision two,
two-a, three, four or four-a of section  eleven  hundred  ninety-two  of
this  article  after having been convicted of a violation of subdivision
two, two-a, three, four or  four-a  of  such  section  or  of  vehicular
assault  in  the  second  or  first degree, as defined, respectively, in
sections 120.03 and 120.04 and aggravated vehicular assault  as  defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such  law, twice within the preceding ten years NOT INCLUDING ANY PERIOD
OF IMPRISONMENT, shall be guilty of a  class  D  felony,  and  shall  be
punished  by  a fine of not less than two thousand dollars nor more than
ten thousand dollars or by a period of imprisonment as provided  in  the
penal law, or by both such fine and imprisonment.
  S  3.  Clause (a) of subparagraph 12 of paragraph (b) of subdivision 2
of section 1193 of the vehicle and traffic law, as added by chapter  732
of the laws of 2006, is amended to read as follows:
  (a) Notwithstanding any other provision of this chapter to the contra-
ry,  whenever  a  revocation is imposed upon a person for the refusal to
submit to a chemical test pursuant to the provisions of  section  eleven
hundred  ninety-four  of this article or conviction for any violation of
section eleven hundred ninety-two of this article for which  a  sentence
of  imprisonment  may  be  imposed,  and such person has: (i) within the
previous four years been twice convicted of any  provisions  of  section
eleven  hundred  ninety-two  of this article or a violation of the penal
law for which a violation of such section eleven hundred  ninety-two  is
an  essential  element and at least one such conviction was for a crime,
or has twice been found to have refused to submit  to  a  chemical  test
pursuant  to  section eleven hundred ninety-four of this article, or has
any combination of two such convictions  and  findings  of  refusal  not
arising  out  of  the  same  incident; or (ii) within the previous eight
years been convicted three times of  any  provision  of  section  eleven
hundred  ninety-two of this article for which a sentence of imprisonment
may be imposed or a violation of the penal law for which a violation  of
such  section  eleven  hundred ninety-two is an essential element and at
least two such convictions were for crimes, or has been found, on  three
separate  occasions, to have refused to submit to a chemical test pursu-
ant to section eleven hundred ninety-four of this article,  or  has  any
combination  of such convictions and findings of refusal not arising out
of the same  incident;  OR  (III)  BEEN  FOUR  TIMES  CONVICTED  OF  ANY
PROVISION  OF  SECTION  ELEVEN  HUNDRED  NINETY-TWO OF THIS ARTICLE OR A
VIOLATION OF THE PENAL LAW FOR WHICH A VIOLATION OF SUCH SECTION  ELEVEN
HUNDRED  NINETY-TWO  IS  AN  ESSENTIAL  ELEMENT  AND AT LEAST THREE SUCH

A. 7459                             3

CONVICTIONS WERE FOR CRIMES, OR  HAS  FOUR  TIMES  BEEN  FOUND  TO  HAVE
REFUSED  TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED
NINETY-FOUR OF THIS  ARTICLE,  OR  HAS  ANY  COMBINATION  OF  FOUR  SUCH
CONVICTIONS  AND  FINDINGS  OF  REFUSAL  NOT  ARISING  OUT  OF  THE SAME
INCIDENT, such revocation shall be permanent.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.