senate Bill S1888A

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:
A1847A
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:S1888A

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 (v). 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revoked, or otherwise withdrawn license.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--A

                       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  --  recom-
  mitted  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 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 (iv) of paragraph (a) of subdivision  3  of  section
511  of the vehicle and traffic law, as added by chapter 169 of the laws
of 2013, is amended and a new subparagraph  (v)  is  added  to  read  as
follows:
  (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[.]; OR
  (V)  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.
                                                           LBD04574-02-4

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