S T A T E O F N E W Y O R K
________________________________________________________________________
6505
2009-2010 Regular Sessions
I N A S S E M B L Y
March 6, 2009
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the vehicle and traffic law, in
relation to penalties for driving in violation of provisions relating
to the use of cellular phones
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 120.03 of the penal law, as
amended by chapter 732 of the laws of 2006, is amended and a new subdi-
vision 4 is added to read as follows:
(3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision one of section 25.24 of the parks, recreation and historic
preservation law or operates an all terrain vehicle as defined in para-
graph (a) of subdivision one of section twenty-two hundred eighty-one of
the vehicle and traffic law and in violation of subdivision two, three,
four, or four-a of section eleven hundred ninety-two of the vehicle and
traffic law, and as a result of such intoxication or impairment by the
use of a drug, or by the combined influence of drugs or of alcohol and
any drug or drugs, operates such snowmobile or all terrain vehicle in a
manner that causes such serious physical injury to such other person[.],
OR
(4) OPERATES A MOTOR VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
TWENTY-FIVE-C OF THE VEHICLE AND TRAFFIC LAW.
S 2. Subdivisions 2 and 3 of section 120.04 of the penal law, as
amended by chapter 746 of the laws of 2006, are amended to read as
follows:
(2) commits such crime while knowing or having reason to know that:
(a) his or her license or his or her privilege of operating a motor
vehicle in another state or his or her privilege of obtaining a license
to operate a motor vehicle in another state is suspended or revoked and
such suspension or revocation is based upon a conviction in such other
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10002-01-9
A. 6505 2
state for an offense which would, if committed in this state, constitute
a violation of any of the provisions of section eleven hundred ninety-
two of the vehicle and traffic law; [or] (b) his or her license or his
or her privilege of operating a motor vehicle in the state or his or her
privilege of obtaining a license issued by the commissioner of motor
vehicles is suspended or revoked and such suspension or revocation is
based upon either a refusal to submit to a chemical test pursuant to
section eleven hundred ninety-four of the vehicle and traffic law or
following a conviction for a violation of any of the provisions of
section eleven hundred ninety-two of the vehicle and traffic law; OR (C)
HIS OR HER LICENSE OR HIS OR HER PRIVILEGE OF OPERATING A MOTOR VEHICLE
IN ANOTHER STATE OR HIS OR HER PRIVILEGE OF OBTAINING A LICENSE TO OPER-
ATE A MOTOR VEHICLE IN ANOTHER STATE IS SUSPENDED OR REVOKED AND SUCH
SUSPENSION OR REVOCATION IS BASED UPON A CONVICTION IN SUCH OTHER STATE
FOR AN OFFENSE WHICH WOULD, IF COMMITTED IN THIS STATE, CONSTITUTE A
VIOLATION OF ANY OF THE PROVISIONS OF SECTION TWELVE HUNDRED
TWENTY-FIVE-C OF THE VEHICLE AND TRAFFIC LAW;
(3) has previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of the vehicle and traffic law
within the preceding ten years, provided that, for the purposes of this
subdivision, a conviction in any other state or jurisdiction for an
offense which, if committed in this state, would constitute a violation
of section eleven hundred ninety-two of the vehicle and traffic law,
shall be treated as a violation of such law[.];
S 3. Subdivision 3 of section 125.12 of the penal law, as amended by
chapter 732 of the laws of 2006, is amended and a new subdivision 4 is
added to read as follows:
(3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision one of section 25.24 of the parks, recreation and historic
preservation law or operates an all terrain vehicle as defined in para-
graph (a) of subdivision one of section twenty-two hundred eighty-one of
the vehicle and traffic law in violation of subdivision two, three,
four, or four-a of section eleven hundred ninety-two of the vehicle and
traffic law, and as a result of such intoxication or impairment by the
use of a drug, or by the combined influence of drugs or of alcohol and
any drug or drugs, operates such snowmobile or all terrain vehicle in a
manner that causes the death of such other person[.], OR
(4) OPERATES A MOTOR VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
TWENTY-FIVE-C OF THE VEHICLE AND TRAFFIC LAW.
S 4. Subdivisions 2 and 3 of section 125.13 of the penal law, as
amended by chapter 746 of the laws of 2006, are amended to read as
follows:
(2) commits such crime while knowing or having reason to know that:
(a) his or her license or his or her privilege of operating a motor
vehicle in another state or his or her privilege of obtaining a license
to operate a motor vehicle in another state is suspended or revoked and
such suspension or revocation is based upon a conviction in such other
state for an offense which would, if committed in this state, constitute
a violation of any of the provisions of section eleven hundred ninety-
two of the vehicle and traffic law; [or] (b) his or her license or his
or her privilege of operating a motor vehicle in the state or his or her
privilege of obtaining a license issued by the commissioner of motor
vehicles is suspended or revoked and such suspension or revocation is
based upon either a refusal to submit to a chemical test pursuant to
section eleven hundred ninety-four of the vehicle and traffic law or
following a conviction for a violation of any of the provisions of
A. 6505 3
section eleven hundred ninety-two of the vehicle and traffic law; OR (C)
HIS OR HER LICENSE OR HIS OR HER PRIVILEGE OF OPERATING A MOTOR VEHICLE
IN ANOTHER STATE OR HIS OR HER PRIVILEGE OF OBTAINING A LICENSE TO OPER-
ATE A MOTOR VEHICLE IN ANOTHER STATE IS SUSPENDED OR REVOKED AND SUCH
SUSPENSION OR REVOCATION IS BASED UPON A CONVICTION IN SUCH OTHER STATE
FOR AN OFFENSE WHICH WOULD, IF COMMITTED IN THIS STATE, CONSTITUTE A
VIOLATION OF ANY OF THE PROVISIONS OF SECTION TWELVE HUNDRED
TWENTY-FIVE-C OF THE VEHICLE AND TRAFFIC LAW;
(3) has previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of the vehicle and traffic law
within the preceding ten years, provided that, for the purposes of this
subdivision, a conviction in any other state or jurisdiction for an
offense which, if committed in this state, would constitute a violation
of section eleven hundred ninety-two of the vehicle and traffic law,
shall be treated as a violation of such law[.];
S 5. Section 1800 of the vehicle and traffic law is amended by adding
a new subdivision (i) to read as follows:
(I) EVERY PERSON CONVICTED OF A VIOLATION OF SECTION TWELVE HUNDRED
TWENTY-FIVE-C OF THIS CHAPTER SHALL, IN ADDITION TO ANY OTHER PENALTIES
OTHERWISE APPLICABLE, BE SUBJECT TO A PENALTY IN THE FORM OF TWO POINTS
AGAINST SUCH PERSON'S DRIVER'S LICENSE.
S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.