senate Bill S751

Relates to the offense of 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
  • 12 / Feb / 2013
    • 1ST REPORT CAL.60
  • 27 / Feb / 2013
    • 2ND REPORT CAL.
  • 28 / Feb / 2013
    • ADVANCED TO THIRD READING
  • 04 / Mar / 2013
    • PASSED SENATE
  • 04 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 04 / Mar / 2013
    • REFERRED TO TRANSPORTATION

Summary

Includes operating a motor vehicle with a conditional license while intoxicated under the crime of aggravated unlicensed operation of a motor vehicle in the first degree.

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Bill Details

See Assembly Version of this Bill:
A2725
Versions:
S751
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §511, V & T L
Versions Introduced in 2011-2012 Legislative Cycle:
S4177, A6890

Sponsor Memo

BILL NUMBER:S751

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

PURPOSE:
To include operating a motor vehicle with a conditional
license while intoxicated under the crime of aggravated unlicensed
operation of a motor vehicle, a class E felony.

SUMMARY OF PROVISIONS:
Section 1. Amends subparagraph (iii) of
paragraph (a) of subdivision 3 of section 511 of the vehicle and
traffic law by adding new subparagraph (iv)

Section 2. Effective date

JUSTIFICATION:
The Legislature enacted VTL § 1196(7) to set forth the
conditions under which a driver with a conditional license (issued
after a DUI offense) can operate a vehicle. Any operation outside
those conditions ennumerated in § 1196(7) is an infraction; a
prohibition against driving while intoxicated or impaired is not an
ennumerated condition. Section 511 of the VTL provides for penalties
for persons driving with a suspended or revoked licenses; driving
under the influence with a suspended of revoked license is class E
felony. The Court of Appeals, in People v. Rivera (2010), found that
though the privileges of a person with a conditional license remain
suspended, that person is not driving with a suspended license for
purposes of §511.
The Court found instead that in adopting § 1196(7) the Legislature
intended to set forth all conditions for driving with a conditional
license. Therefore, a person who is granted the privilege of a
conditional license faces a far lighter penalty for continuing to
drive under the influence than does a person with a suspended license.

The sample set of facts below illustrates this disparity in charging:

Sample Facts:
Two drivers are arrested for driving with a blood
alcohol concentration of .12. Both are convicted of DWI and their
licenses are revoked. Driver A receives the benefit of a conditional
license. Driver B does not. One month later both drivers are stopped
for Driving While Ability Impaired by Alcohol (DWAI) and both
register a BAC of .07. If a conditional license terminates the
revocation, the following disparity in charging occurs:

Driver A (Conditional) Driver B (No Conditional)

If DWAI (Traffic Infraction) If DWAI (Traffic Infraction)

Then Operating Outside the Then VTL §511(3)(a) (E FELONY)
Conditional


VTL § 1196(7)(f) (Traffic Infraction)

LEGISLATIVE HISTORY:
2011:12: Passed the Senate (S.4177/A.6890)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                   751

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. FUSCHILLO, BONACIC, DeFRANCISCO, FLANAGAN, GOLDEN,
  LARKIN, LAVALLE, MAZIARZ, RANZENHOFER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Transporta-
  tion

AN  ACT to amend the vehicle and traffic law, in relation to the offense
  of 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. 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)  HAS  A CONDITIONAL LICENSE PURSUANT TO PARAGRAPH (A) OF SUBDIVI-
SION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER  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.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01343-01-3

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