S T A T E O F N E W Y O R K
________________________________________________________________________
7459
2011-2012 Regular Sessions
I N A S S E M B L Y
May 4, 2011
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Introduced by M. of A. SWEENEY, COOK, LANCMAN, ZEBROWSKI, GALEF,
P. RIVERA, JAFFEE, ROBINSON, GUNTHER, ROBERTS, ENGLEBRIGHT, M. MILLER,
STEVENSON, GABRYSZAK -- Multi-Sponsored by -- M. of A. LUPARDO, MAGEE,
REILLY, THIELE, TITONE -- read once and referred to the Committee on
Transportation
AN ACT to amend the vehicle and traffic law, in relation to operating a
motor vehicle while under the influence of alcohol or drugs and aggra-
vated 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. Paragraph (b) of subdivision 3 of section 511 of the vehi-
cle and traffic law, as separately amended by chapters 786 and 892 of
the laws of 1990, is amended to read as follows:
(b) Aggravated unlicensed operation of a motor vehicle in the first
degree IN VIOLATION OF SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
THIS SUBDIVISION is a class E felony. AGGRAVATED UNLICENSED OPERATION
OF A MOTOR VEHICLE IN THE FIRST DEGREE IN VIOLATION OF SUBPARAGRAPH
(III) OF PARAGRAPH (A) OF THIS SUBDIVISION IS A CLASS D 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, 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. Subparagraphs (i) and (ii) of paragraph (c) of subdivision 1 of
section 1193 of the vehicle and traffic law, as amended by chapter 496
of the laws of 2009, are amended to read as follows:
(i) A person who operates a vehicle (A) in violation of subdivision
two, two-a, three, four or four-a of section eleven hundred ninety-two
of this article after having been convicted of a violation of subdivi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09909-01-1
A. 7459 2
sion two, two-a, three, four or four-a of such section or of vehicular
assault in the second or first degree, as defined, respectively, in
sections 120.03 and 120.04 and aggravated vehicular assault as defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such law, within the preceding ten years NOT INCLUDING ANY PERIOD OF
IMPRISONMENT, or (B) in violation of paragraph (b) of subdivision two-a
of section eleven hundred ninety-two of this article shall be guilty of
a class E felony, and shall be punished by a fine of not less than one
thousand dollars nor more than five thousand dollars or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment.
(ii) A person who operates a vehicle in violation of subdivision two,
two-a, three, four or four-a of section eleven hundred ninety-two of
this article after having been convicted of a violation of subdivision
two, two-a, three, four or four-a of such section or of vehicular
assault in the second or first degree, as defined, respectively, in
sections 120.03 and 120.04 and aggravated vehicular assault as defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such law, twice within the preceding ten years NOT INCLUDING ANY PERIOD
OF IMPRISONMENT, shall be guilty of a class D felony, and shall be
punished by a fine of not less than two thousand dollars nor more than
ten thousand dollars or by a period of imprisonment as provided in the
penal law, or by both such fine and imprisonment.
S 3. Clause (a) of subparagraph 12 of paragraph (b) of subdivision 2
of section 1193 of the vehicle and traffic law, as added by chapter 732
of the laws of 2006, is amended to read as follows:
(a) Notwithstanding any other provision of this chapter to the contra-
ry, whenever a revocation is imposed upon a person for the refusal to
submit to a chemical test pursuant to the provisions of section eleven
hundred ninety-four of this article or conviction for any violation of
section eleven hundred ninety-two of this article for which a sentence
of imprisonment may be imposed, and such person has: (i) within the
previous four years been twice convicted of any provisions of section
eleven hundred ninety-two of this article or a violation of the penal
law for which a violation of such section eleven hundred ninety-two is
an essential element and at least one such conviction was for a crime,
or has twice been found to have refused to submit to a chemical test
pursuant to section eleven hundred ninety-four of this article, or has
any combination of two such convictions and findings of refusal not
arising out of the same incident; or (ii) within the previous eight
years been convicted three times of any provision of section eleven
hundred ninety-two of this article for which a sentence of imprisonment
may be imposed or a violation of the penal law for which a violation of
such section eleven hundred ninety-two is an essential element and at
least two such convictions were for crimes, or has been found, on three
separate occasions, to have refused to submit to a chemical test pursu-
ant to section eleven hundred ninety-four of this article, or has any
combination of such convictions and findings of refusal not arising out
of the same incident; OR (III) BEEN FOUR TIMES CONVICTED OF ANY
PROVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE OR A
VIOLATION OF THE PENAL LAW FOR WHICH A VIOLATION OF SUCH SECTION ELEVEN
HUNDRED NINETY-TWO IS AN ESSENTIAL ELEMENT AND AT LEAST THREE SUCH
A. 7459 3
CONVICTIONS WERE FOR CRIMES, OR HAS FOUR TIMES BEEN FOUND TO HAVE
REFUSED TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED
NINETY-FOUR OF THIS ARTICLE, OR HAS ANY COMBINATION OF FOUR SUCH
CONVICTIONS AND FINDINGS OF REFUSAL NOT ARISING OUT OF THE SAME
INCIDENT, such revocation shall be permanent.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.