senate Bill S1888

Amended

Relates to aggravated unlicensed operation of a motor vehicle in the first degree

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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.335
  • 17 / Apr / 2013
    • 2ND REPORT CAL.
  • 22 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 29 / Apr / 2013
    • PASSED SENATE
  • 29 / Apr / 2013
    • DELIVERED TO ASSEMBLY
  • 29 / Apr / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 29 / Jan / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 29 / Jan / 2014
    • PRINT NUMBER 1888A
  • 29 / Apr / 2014
    • 1ST REPORT CAL.404
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 12 / May / 2014
    • PASSED SENATE
  • 12 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / May / 2014
    • REFERRED TO TRANSPORTATION

Summary

Relates to penalties for causing a death while committing aggravated unlicensed operation of a motor vehicle.

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Bill Details

See Assembly Version of this Bill:
A1847
Versions:
S1888
S1888A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง511, V & T L
Versions Introduced in 2011-2012 Legislative Cycle:
S7857, S7858, S7857

Sponsor Memo

BILL NUMBER:S1888

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation
to aggravated unlicensed operation of a motor vehicle in the first
degree

PURPOSE OR GENERAL IDEA OF BILL: To create felony level sanctions when
an unlicensed individual negligently causes the death of another person
while operating a motor vehicle.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Provides that this act shall be known and may be cited as
"Teresita's Law."

Section 2: Amends paragraph (a) of subdivision 3 of section 511 of the
Vehicle and Traffic Law by adding a new subparagraph (iv). The new
subparagraph makes it a class E felony to negligently cause the death of
another person while operating a motor vehicle with a suspended,
revoked, or otherwise withdrawn license.

Section 3: Effective date.

JUSTIFICATION: Teresita "Grace" Solano was killed on February 24, 2012
in Middletown, NY by an individual who was operating a car with a
suspended license. It appears the defendant, who, while driving with a
suspended license, caused the death of Ms. Solano, can only be convicted
of a misdemeanor and sentenced to a maximum of thirty days in jail. This
legislation recognizes that unlicensed operation of a motor vehicle,
which ends negligently in the death of an individual, should be treated
as a more serious crime. It grants prosecutors broader discretion to
seek a State prison term for the aggravated unlicensed operation which
results in someone's death.

LEGISLATIVE HISTORY:

S.7857 of 2012: Referred to Senate Rules

FISCAL IMPLICATIONS: None.

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
________________________________________________________________________

                                  1888

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- 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  aggravated
  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. This act shall be known and may  be  cited  as  "Teresita's
law".
  S  2.  Subparagraph (iii) of paragraph (a) of subdivision 3 of section
511 of the vehicle and traffic law, as amended by  chapter  746  of  the
laws of 2006, is amended and a new subparagraph (iv) is added to read as
follows:
  (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) COMMITS THE OFFENSE OF AGGRAVATED UNLICENSED OPERATION OF A MOTOR
VEHICLE IN THE THIRD DEGREE  AS  DEFINED  IN  SUBDIVISION  ONE  OF  THIS
SECTION;  AND  WHILE OPERATING SUCH VEHICLE NEGLIGENTLY CAUSES THE DEATH
OF ANOTHER PERSON.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04574-01-3

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