S T A T E O F N E W Y O R K
________________________________________________________________________
6460
I N S E N A T E
January 14, 2010
___________
Introduced by Sen. ADDABBO -- 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 increasing
the penalties for driving with a suspended or revoked license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 1, paragraph (b) of subdivi-
sion 2 and paragraph (b) of subdivision 3 of section 511 of the vehicle
and traffic law, paragraph (b) of subdivision 1 and paragraph (b) of
subdivision 2 as amended by chapter 607 of the laws of 1993 and para-
graph (b) of subdivision 3 as separately amended by chapters 786 and 892
of the laws of 1990, are amended to read as follows:
(b) Aggravated unlicensed operation of a motor vehicle in the third
degree is a misdemeanor. When a person is convicted of this offense, the
sentence of the court must be: (i) a fine of not less than [two] FIVE
hundred dollars nor more than [five hundred] ONE THOUSAND dollars; or
(ii) a term of imprisonment of not more than thirty days; or (iii) both
such fine and imprisonment.
(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] ONE THOU-
SAND dollars[; and] NOR MORE THAN FIVE THOUSAND DOLLARS; AND/OR (ii) a
term of imprisonment not to exceed one hundred eighty days; 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. When a person is convicted of this crime under subpara-
graph (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
dollars nor more than one thousand dollars; and (ii) a term of imprison-
ment of not less than seven days nor more than one hundred eighty days,
or (iii) where appropriate a sentence of probation as provided in subdi-
vision six of this section; or (iv) a term of imprisonment as a condi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14962-01-9
S. 6460 2
tion of a sentence of probation as provided in the penal law and
consistent with this section.
(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 hundred dollars nor more than five thousand dollars; and (ii)]
a term of imprisonment [as provided in the penal law,] NOT LESS THAN ONE
YEAR AND NOT TO EXCEED FOUR YEARS; OR (II) A TERM OF IMPRISONMENT AS
PROVIDED IN SUBDIVISION FOUR OF SECTION 70.00 OF 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 2. This act shall take effect immediately.