S T A T E   O F   N E W   Y O R K
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                                  1221

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. GANTT, ORTIZ -- read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  increasing
  the  penalties  for aggravated unlicensed operation of a motor vehicle
  in the second and first degrees in certain cases

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

  Section  1. Paragraph (b) of subdivision 2 of section 511 of the vehi-
cle and traffic law, as amended by chapter 607 of the laws of  1993,  is
amended to read as follows:
  (b)  Aggravated  unlicensed operation of a motor vehicle in the second
degree is a misdemeanor. When a person is convicted of this crime  under
subparagraph  (i)  of paragraph (a) of this subdivision, the sentence of
the court must be: (i) a fine of not less than five hundred dollars; and
(ii) a term of imprisonment not to exceed one hundred  eighty  days;  or
(iii)  where appropriate a sentence of probation as provided in subdivi-
sion six of this section; or (iv) a term of imprisonment as a  condition
of  a  sentence of probation as provided in the penal law and consistent
with this section. When a  person  is  convicted  of  this  crime  under
subparagraph  (ii),  (iii) or (iv) of paragraph (a) of this subdivision,
the sentence of the court must be: (i) a fine of  not  less  than  [five
hundred] SEVEN HUNDRED FIFTY dollars nor more than one thousand dollars;
and  (ii)  a  term  of imprisonment of not less than seven days nor more
than one [hundred eighty  days]  YEAR,  or  (iii)  where  appropriate  a
sentence of probation as provided in subdivision six of this section; or
(iv) a term of imprisonment as a condition of a sentence of probation as
provided in the penal law and consistent with this section.
  S  2. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
traffic law, as separately amended by chapters 786 and 892 of  the  laws
of 1990, is amended to read as follows:

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

                                                           LBD03719-01-9

A. 1221                             2

  (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
degree is a class E felony. When a person is convicted  of  this  crime,
the sentence of the court must be: (i) a fine in an amount not less than
[five]  TWENTY-FIVE hundred dollars nor more than five thousand dollars;
and  (ii)  a term of imprisonment as provided in the penal law, or (iii)
where appropriate and a term of imprisonment  is  not  required  by  the
penal  law,  a  sentence  of probation as provided in subdivision six of
this section, or (iv) a  term  of  imprisonment  as  a  condition  of  a
sentence of probation as provided in the penal law.
  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.