senate Bill S1503A

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

See Assembly Version of this Bill:
A9623
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, S945
2009-2010: S606, S606

Sponsor Memo

BILL NUMBER:S1503A

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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MARCELLINO, AVELLA -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Transporta-
  tion  --  recommitted to the Committee on Transportation in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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 and subparagraph (iv) as added by chapter
169 of the laws of 2013, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03262-02-4

S. 1503--A                          2

  (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 upon a public highway while holding a
conditional license issued pursuant  to  paragraph  (a)  of  subdivision
seven  of  section eleven hundred ninety-six of this chapter 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.  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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