senate Bill S6496

Enacts "Charlotte's Law" relating to the permanent revocation of licenses of persistent vehicle and traffic law violators

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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

  • 16 / Feb / 2012
    • REFERRED TO TRANSPORTATION

Summary

Enacts "Charlotte's Law"; relates to the permanent termination of licenses of persistent vehicle and traffic law violators.

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Bill Details

See Assembly Version of this Bill:
A8934B
Versions:
S6496
Legislative Cycle:
2011-2012
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd Art 20 Art Head, add §510-d, amd §§1146 & 511, V & T L

Sponsor Memo

BILL NUMBER:S6496

TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to enacting
"Charlotte's Law" relating to the termination of driving privileges of
persistent vehicle and traffic law violators

PURPOSE:
This bill would strengthen the Vehicle and Traffic Law in order to
better protect the public against chronic reckless drivers who have
multiple convictions for DWI or other reckless behavior which caused
fatalities or serious injuries. The bill would provide for the
permanent termination of a person's ability to drive a motor vehicle
where such person has been convicted of such repeat violations.

SUMMARY OF PROVISIONS:
Section 1 names this act "Charlotte's Law."

Section 2 amends the heading for Article 20 of the Vehicle and Traffic
Law to reference the "termination" of licenses.

Section 3 adds a new Section 510-d to the Vehicle and Traffic Law to
provide for the permanent revocation of the driving privileges of
"persistent vehicle and traffic law violators." This new section
defines a "persistent vehicle and traffic law violator" as a person
who has been convicted of any combination of three designated offenses
within the previous 25 years. These designated offenses include:

- offenses defined in section 1192 VTL (operating a motor vehicle
while under the influence of alcohol or drugs);
- offenses defined in section 1192-a VTL (the operation of a motor
vehicle by a person under the age of 21 after having consumed
alcohol);
- violations of section 1146(b) or (c) VTL (causing physical injury to
a pedestrian or bicyclist while failing to exercise due care);
- vehicular manslaughter in the first or second degree;
- aggravated vehicular homicide; and
- manslaughter in the first or second degree in which the death was
caused by the offender's operation of a motor vehicle in violation of
the Vehicle and Traffic Law.

Section 4 adds a new subdivision (e) to section 1146 VTL (regarding
failure to exercise due care) to provide that a third violation within
25 years shall constitute a Class E felony, punishable by imprisonment
and/or a fine, as well as by the permanent termination of driving
privileges.

Section 5 amends 511(3) VTL to expand the crime of aggravated
unlicensed operation of a motor vehicle in the first degree to include
the operation of a motor vehicle while under permanent termination of
a license. In addition, this crime is currently defined to apply in
cases where a person is driving without a license while having in
effect ten or more separate suspensions -- this bill would lower the
number of suspensions to six.

EXISTING LAW:


Although State law indicates that drivers may be subject to a
"permanent" revocation of their driver's license, this action is not
necessarily "permanent," as violators can -- and often do -- apply to
get their license reissued.

JUSTIFICATION:
There continue to be problems in New York State with fatalities and
accidents caused by persons who have had their driver's licenses
suspended or revoked on multiple occasions, yet are able to keep
getting their licenses renewed.

Charlotte Gallo, a senior citizen from Schenectady, New York, was
killed by a truck speeding through an intersection near Proctor's
Theatre on January 2, 2010. Charlotte was leaving Proctors after a
night of volunteering for the organization. The individual driving the
truck had a long history of being a persistent violator of vehicle and
traffic laws, including a previous accident resulting in personal
injury. In another local case, a Schenectady woman has been charged
with DWI eight times and recently received another conviction.
Nevertheless, after finishing her jail time, she may be able to once
again get a driver's license.

These are just two of numerous examples that occur throughout the
State. These "chronic reckless drivers" are a danger to the public and
need to understand that their actions have consequences. This
legislation seeks to break the cycle in which such persons continually
have their licenses revoked and then reissued. This legislation makes
it clear that the driver will face permanent consequences for
committing repeat violations. Driving is a privilege, and those who
are so cavalier as to repeatedly break the law through their dangerous
driving should be kept off the road and no longer given the privilege
of driving in New York.

FISCAL IMPLICATIONS:
This bill is not expected to have a direct impact on the state budget.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

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

                                  6496

                            I N  S E N A T E

                            February 16, 2012
                               ___________

Introduced  by  Sen.  FARLEY -- 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  enacting
  "Charlotte's Law" relating to the termination of driving privileges of
  persistent vehicle and traffic law violators

  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  "Charlotte's
Law".
  S  2. The article heading of article 20 of the vehicle and traffic law
is amended to read as follows:

                    SUSPENSION [AND], REVOCATION AND
                               TERMINATION

  S 3. The vehicle and traffic law is amended by adding  a  new  section
510-d to read as follows:
  S  510-D.  TERMINATION OF DRIVING PRIVILEGES OF PERSISTENT VEHICLE AND
TRAFFIC LAW VIOLATORS. 1. DEFINITION OF PERSISTENT VEHICLE  AND  TRAFFIC
LAW  VIOLATOR. A PERSON IS A PERSISTENT VEHICLE AND TRAFFIC LAW VIOLATOR
IF SUCH PERSON HAS BEEN CONVICTED  THREE  TIMES,  WITHIN  THE  PRECEDING
TWENTY-FIVE YEARS, OF ANY COMBINATION OF THE FOLLOWING OFFENSES:
  (A)  ANY OFFENSES DEFINED IN SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
CHAPTER; OR
  (B) ANY OFFENSE DEFINED IN SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS
CHAPTER; OR
  (C) ANY VIOLATION OF SUBDIVISION (B) OR (C) OF SECTION ELEVEN  HUNDRED
FORTY-SIX OF THIS CHAPTER; OR
  (D)  VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION
125.12 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE FIRST  DEGREE  AS
DEFINED  IN  SECTION  125.13  OF  THE PENAL LAW, OR AGGRAVATED VEHICULAR
HOMICIDE AS DEFINED IN SECTION 125.14 OF THE PENAL LAW; OR
  (E) MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF
SECTION 125.15 OF THE PENAL LAW, OR MANSLAUGHTER IN THE FIRST DEGREE  AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13285-07-2

S. 6496                             2

DEFINED  BY SUBDIVISION ONE OF SECTION 125.20 OF THE PENAL LAW, IN WHICH
THE DEATH WAS CAUSED BY AN OFFENDER'S OPERATION OF A  MOTOR  VEHICLE  IN
VIOLATION OF THE PROVISIONS OF THIS CHAPTER.
  2.    PERSISTENT VEHICLE AND TRAFFIC LAW VIOLATOR LICENSES AND DRIVING
PRIVILEGES SHALL BE PERMANENTLY TERMINATED, INCLUDING THE DRIVING PRIVI-
LEGES OF A NON-RESIDENT OPERATING A MOTOR VEHICLE IN THIS STATE AND  THE
PRIVILEGE  OF  AN UNLICENSED PERSON OF OBTAINING A LICENSE ISSUED BY THE
COMMISSIONER.
  3. THE JUDGE SHALL  ISSUE  AN  ORDER  REVOKING  AND  TERMINATING  SUCH
LICENSE  UPON  CONVICTION,  AND  THE LICENSE HOLDER SHALL SURRENDER SUCH
LICENSE TO THE COURT.
  4. NOTHING CONTAINED IN THIS SECTION  SHALL  PREVENT  THE  COURT  FROM
IMPOSING  ANY OTHER AUTHORIZED DISPOSITION AND NOTHING CONTAINED IN THIS
SECTION SHALL PROHIBIT THE IMPOSITION OF A CHARGE OF ANY  OTHER  OFFENSE
SET  FORTH  IN  THIS  CHAPTER OR ANY OTHER PROVISION OF LAW FOR ANY ACTS
ARISING OUT OF THE SAME INCIDENT.
  S 4. Subdivision (e) of section 1146 of the vehicle and traffic law is
relettered subdivision (f) and a new subdivision (e) is added to read as
follows:
  (E) A VIOLATION OF SUBDIVISION (B) OR (C) OF THIS SECTION COMMITTED BY
A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED  OF  ANY  TWO  VIOLATIONS  OF
EITHER  OR  BOTH  OF  SUCH SUBDIVISIONS WITHIN THE PRECEDING TWENTY-FIVE
YEARS SHALL CONSTITUTE A CLASS E FELONY PUNISHABLE BY A FINE OF NOT MORE
THAN THREE THOUSAND DOLLARS, OR BY IMPRISONMENT AS PROVIDED BY THE PENAL
LAW OR BY ANY COMBINATION OF SUCH FINE OR IMPRISONMENT, AND BY PERMANENT
TERMINATION OF DRIVING PRIVILEGES, IN ADDITION TO  ANY  OTHER  PENALTIES
PROVIDED BY LAW.
  S  5.  Subdivision 3 of section 511 of the vehicle and traffic law, as
amended by chapter 420 of the laws of 1989, paragraph (a) as amended  by
chapter  732 of the laws of 2006, subparagraph (iii) of paragraph (a) as
amended by chapter 746 of the laws of 2006, and paragraph (b)  as  sepa-
rately  amended  by chapters 786 and 892 of the laws of 1990, is amended
to read as follows:
  3. Aggravated unlicensed operation of a motor  vehicle  in  the  first
degree.  (a)  A person is guilty of the offense of aggravated unlicensed
operation of a motor vehicle in the first degree when such  person:  (i)
commits  the offense of aggravated unlicensed operation of a motor vehi-
cle in the second degree as provided in subparagraph (ii), (iii) or (iv)
of paragraph (a) of subdivision two of this section 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; or
  (ii) 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 such person has in
effect [ten] SIX or more suspensions, imposed  on  at  least  [ten]  SIX
separate  dates for failure to answer, appear or pay a fine, pursuant to
subdivision three of section two hundred twenty-six of this  chapter  or
subdivision four-a of section five hundred ten of this article; or
  (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) OPERATES A MOTOR VEHICLE WHILE UNDER PERMANENT TERMINATION AS SET
FORTH IN SECTION FIVE HUNDRED TEN-D OF THIS ARTICLE.

S. 6496                             3

  (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 dollars nor more than five thousand dollars; (II) PERMANENT
TERMINATION  AS  SET  FORTH  IN  SUBPARAGRAPH TWELVE OF PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE OF  THIS  CHAPTER
and [(ii)] (III) a term of imprisonment as provided in the penal law, or
[(iii)]  (IV)  where  appropriate  and  a  term  of  imprisonment is not
required by the penal law, a sentence of probation as provided in subdi-
vision six of this section, or [(iv)] (V) a term of  imprisonment  as  a
condition of a sentence of probation as provided in the penal law.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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