S T A T E O F N E W Y O R K
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1640
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
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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.
LBD03225-01-1
A. 1640 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.