senate Bill S1503

Amended

Relates to the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree; repealer

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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

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 16 / Apr / 2013
    • 1ST REPORT CAL.334
  • 17 / Apr / 2013
    • 2ND REPORT CAL.
  • 22 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 01 / May / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 01 / May / 2014
    • PRINT NUMBER 1503A
  • 20 / May / 2014
    • 1ST REPORT CAL.815
  • 21 / May / 2014
    • 2ND REPORT CAL.
  • 28 / May / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO TRANSPORTATION

Summary

Reduces the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree from ten or more suspensions to five or more suspensions which have to be imposed on at least five separate dates.

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Bill Details

Versions:
S1503
S1503A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §511, rpld §511 sub 2 ¶(a) sub¶ (iv), V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S945
2009-2010: S606

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Sponsor Memo

BILL NUMBER:S1503

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the number of prior
suspensions needed to qualify for aggravated unlicensed operation in the
first degree and repealing subparagraph (iv) of paragraph (a) of
subdivision 2 of section 511 of such law relating thereto

PURPOSE: This bill decreases the number of prior
suspensions needed to
qualify for aggravated unlicensed operation in the first degree from
ten prior suspensions to five prior suspensions.

SUMMARY OF PROVISIONS: Section 511 (3)(a) of the
Vehicle and Traffic
Law, which is an element of aggravated unlicensed operation in the
first degree, is amended to require five or more suspensions for
failure to answer, appear, or pay a fine rather than, ten or more
separate suspensions.

JUSTIFICATION: Under this legislation a person may be
prosecuted for
aggravated unlicensed operation in the first degree when such person
has five or more suspensions for failure to answer, appear, or pay a
fine. Under current law the person must have had ten such suspensions
to be prosecuted for aggravated unlicensed operation of a motor
vehicle in the first degree. The dangers posed by unlicensed drivers
to pedestrians and other motorists in New York State are well
documented. Numerous deaths have been caused by these drivers.

LEGISLATIVE HISTORY: 2002-2008: Passed Senate.
2009-10: Senate
Transportation. 2011-12: Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect on the first day 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
________________________________________________________________________

                                  1503

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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  the  number
  of prior suspensions needed to qualify for aggravated unlicensed oper-
  ation in the first degree and repealing subparagraph (iv) of paragraph
  (a) of subdivision 2 of section 511 of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 3 of section 511 of the  vehi-
cle  and  traffic  law,  as  amended by chapter 732 of the laws of 2006,
subparagraph (iii) as amended by chapter 746 of the  laws  of  2006,  is
amended to read as follows:
  (a)  A person is guilty of the offense of aggravated unlicensed opera-
tion 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)[,]  OR  (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] FIVE or more suspensions, imposed on at  least  [ten]  FIVE
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03262-01-3

S. 1503                             2

tion as set forth in subparagraph twelve of paragraph (b) of subdivision
two of section eleven hundred ninety-three of this chapter.
  S  2.  Subparagraph  (iv) of paragraph (a) of subdivision 2 of section
511 of the vehicle and traffic law is REPEALED.
  S 3. 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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