senate Bill S1271A

Increases the penalties for driving with a suspended or revoked license

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 22 / Mar / 2011
    • 1ST REPORT CAL.250
  • 23 / Mar / 2011
    • 2ND REPORT CAL.
  • 24 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 23 / Jan / 2012
    • 1ST REPORT CAL.111
  • 24 / Jan / 2012
    • 2ND REPORT CAL.
  • 30 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 12 / Mar / 2012
    • AMENDED ON THIRD READING 1271A
  • 22 / Mar / 2012
    • PASSED SENATE
  • 22 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 22 / Mar / 2012
    • REFERRED TO TRANSPORTATION

Summary

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

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Bill Details

See Assembly Version of this Bill:
A4190A
Versions:
S1271
S1271A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง511, V & T L
Versions Introduced in 2009-2010 Legislative Cycle:
S6460, A9458

Sponsor Memo

BILL NUMBER:S1271A

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 180
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 circum-
stances.

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:
2010: S.6460 - Reported and Committed to Codes

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1271--A
    Cal. No. 111

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens.  ADDABBO,  ADAMS, AVELLA -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation -- recommitted to the Committee on Transportation in accord-
  ance  with  Senate  Rule  6,  sec.  8  -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02017-02-2

S. 1271--A                          2

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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