The New York State Senate

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

                                  8934

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by M. of A. TEDISCO -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  the  termi-
  nation of driving privileges

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

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 510-d to read as follows:
  S  510-D.  PERMANENT  REVOCATION  OF LICENSE OF PERSISTENT VEHICLE AND
TRAFFIC LAW VIOLATORS. 1. DEFINITION OF PERSISTENT VEHICLE  AND  TRAFFIC
LAW  VIOLATOR. A PERSON IS A PERSISTENT VEHICLE AND TRAFFIC LAW VIOLATOR
IF SUCH PERSON HAS BEEN CONVICTED  THREE  TIMES,  WITHIN  THE  PRECEDING
TWENTY-FIVE YEARS, OF ANY COMBINATION OF THE FOLLOWING OFFENSES:
  (A)  ANY OFFENSES DEFINED IN SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
CHAPTER; OR
  (B) ANY OFFENSE DEFINED IN SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS
CHAPTER; OR
  (C) ANY VIOLATION OF SUBDIVISION (B) OR (C) OF SECTION ELEVEN  HUNDRED
FORTY-SIX OF THIS CHAPTER; OR
  (D)  VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION
125.12 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE FIRST  DEGREE  AS
DEFINED  IN  SECTION  125.13  OF  THE PENAL LAW, OR AGGRAVATED VEHICULAR
HOMICIDE AS DEFINED IN SECTION 125.14 OF THE PENAL LAW; OR
  (E) MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF
SECTION ONE OF SECTION 125.15 OF THE PENAL LAW, OR MANSLAUGHTER  IN  THE
FIRST  DEGREE  AS  DEFINED  BY  SUBDIVISION ONE OF SECTION 125.20 OF THE
PENAL LAW, IN WHICH THE DEATH WAS CAUSED BY AN OFFENDER'S OPERATION OF A
MOTOR VEHICLE IN VIOLATION OF THE PROVISIONS OF THIS CHAPTER; OR
  (F) FIVE OR MORE VIOLATIONS OF THE PROVISIONS OF THIS  CHAPTER,  WHICH
ARE  ASSIGNED A POINT VALUE OF AT LEAST THREE POINTS PURSUANT TO 15NYCRR
131.3, WITHIN A FIVE YEAR PERIOD.
  2.  PERSISTENT VEHICLE AND TRAFFIC LAW VIOLATIONS LICENSES AND DRIVING
PRIVILEGES SHALL BE PERMANENTLY REVOKED, INCLUDING  THE  DRIVING  PRIVI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13285-02-1

A. 8934                             2

LEGES  OF A NON-RESIDENT OPERATING A MOTOR VEHICLE IN THIS STATE AND THE
PRIVILEGE OF AN UNLICENSED PERSON OF OBTAINING A LICENSE ISSUED  BY  THE
COMMISSIONER.
  3.  THE  JUDGE  SHALL  ISSUE  AN  ORDER  REVOKING  SUCH  LICENSE  UPON
CONVICTION, AND THE LICENSE HOLDER SHALL SURRENDER SUCH LICENSE  TO  THE
COURT.
  4.  NOTHING  CONTAINED  IN  THIS  SECTION SHALL PREVENT THE COURT FROM
IMPOSING ANY OTHER AUTHORIZED DISPOSITION AND NOTHING CONTAINED IN  THIS
SECTION  SHALL  PROHIBIT THE IMPOSITION OF A CHARGE OF ANY OTHER OFFENSE
SET FORTH IN THIS CHAPTER OR ANY OTHER PROVISION OF  LAW  FOR  ANY  ACTS
ARISING OUT OF THE SAME INCIDENT.
  S 2. Subdivision (e) of section 1146 of the vehicle and traffic law is
relettered subdivision (f) and a new subdivision (e) is added to read as
follows:
  (E) A VIOLATION OF SUBDIVISION (B) OR (C) OF THIS SECTION COMMITTED BY
A  PERSON  WHO  HAS  PREVIOUSLY  BEEN CONVICTED OF ANY TWO VIOLATIONS OF
EITHER OR BOTH OF SUCH SUBDIVISIONS  WITHIN  THE  PRECEDING  TWENTY-FIVE
YEARS SHALL CONSTITUTE A CLASS E FELONY PUNISHABLE BY A FINE OF NOT MORE
THAN THREE THOUSAND DOLLARS, OR BY IMPRISONMENT AS PROVIDED BY THE PENAL
LAW OR BY ANY COMBINATION OF SUCH FINE OR IMPRISONMENT, AND BY PERMANENT
REVOCATION  OF  DRIVING  PRIVILEGES,  IN ADDITION TO ANY OTHER PENALTIES
PROVIDED BY LAW.
  S 3. Subdivision 3 of section 511 of the vehicle and traffic  law,  as
amended  by chapter 420 of the laws of 1989, paragraph (a) as amended by
chapter 732 of the laws of 2006, subparagraph (iii) of paragraph (a)  as
amended  by  chapter 746 of the laws of 2006, and paragraph (b) as sepa-
rately amended by chapters 786 and 892 of the laws of 1990,  is  amended
to read as follows:
  3.  Aggravated  unlicensed  operation  of a motor vehicle in the first
degree. (a) A person is guilty of the offense of  aggravated  unlicensed
operation  of  a motor vehicle in the first degree when such person: (i)
commits the offense of aggravated unlicensed operation of a motor  vehi-
cle in the second degree as provided in subparagraph (ii), (iii) or (iv)
of  paragraph  (a) of subdivision two of this section and is operating a
motor vehicle while  under  the  influence  of  alcohol  or  a  drug  in
violation of subdivision one, two, two-a, three, four, four-a or five of
section eleven hundred ninety-two of this chapter; or
  (ii) commits the offense of aggravated unlicensed operation of a motor
vehicle  in  the  third  degree  as  defined  in subdivision one of this
section; and is operating a motor  vehicle  while  such  person  has  in
effect  [ten]  SIX  or  more  suspensions, imposed on at least [ten] SIX
separate dates for failure to answer, appear or pay a fine, pursuant  to
subdivision  three  of section two hundred twenty-six of this chapter or
subdivision four-a of section five hundred ten of this article; or
  (iii) commits the offense of  aggravated  unlicensed  operation  of  a
motor  vehicle in the third degree as defined in subdivision one of this
section; and is operating a motor vehicle while under permanent  revoca-
tion as set forth in subparagraph twelve of paragraph (b) of subdivision
two of section eleven hundred ninety-three of this chapter; OR
  (IV)  OPERATES A MOTOR VEHICLE WHILE UNDER PERMANENT REVOCATION AS SET
FORTH IN SECTION FIVE HUNDRED TEN-D OF THIS ARTICLE.
  (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; (II) PERMANENT
REVOCATION, AS SET FORTH IN SUBPARAGRAPH  TWELVE  OF  PARAGRAPH  (B)  OF

A. 8934                             3

SUBDIVISION  TWO  OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS CHAPTER
and [(ii)] (III) a term of imprisonment as provided in the penal law, or
[(iii)] (IV) where  appropriate  and  a  term  of  imprisonment  is  not
required by the penal law, a sentence of probation as provided in subdi-
vision  six  of  this section, or [(iv)] (V) a term of imprisonment as a
condition of a sentence of probation as provided in the penal law.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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

                                 8934--A

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by M. of A. TEDISCO -- read once and referred to the Commit-
  tee on Transportation -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the vehicle and traffic law, in relation to enacting
  "Charlotte's Law" relating to the termination of driving privileges of
  persistent vehicle and traffic law violators

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

  Section  1.  This  act shall be known and may be cited as "Charlotte's
Law".
  S 2. The article heading of article 20 of the vehicle and traffic  law
is amended to read as follows:

                    SUSPENSION [AND], REVOCATION AND
                               TERMINATION

  S  3.  The  vehicle and traffic law is amended by adding a new section
510-d to read as follows:
  S 510-D. TERMINATION OF DRIVING PRIVILEGES OF PERSISTENT  VEHICLE  AND
TRAFFIC  LAW  VIOLATORS. 1. DEFINITION OF PERSISTENT VEHICLE AND TRAFFIC
LAW VIOLATOR. A PERSON IS A PERSISTENT VEHICLE AND TRAFFIC LAW  VIOLATOR
IF  SUCH  PERSON  HAS  BEEN  CONVICTED THREE TIMES, WITHIN THE PRECEDING
TWENTY-FIVE YEARS, OF ANY COMBINATION OF THE FOLLOWING OFFENSES:
  (A) ANY OFFENSES DEFINED IN SECTION ELEVEN HUNDRED NINETY-TWO OF  THIS
CHAPTER; OR
  (B) ANY OFFENSE DEFINED IN SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS
CHAPTER; OR
  (C)  ANY VIOLATION OF SUBDIVISION (B) OR (C) OF SECTION ELEVEN HUNDRED
FORTY-SIX OF THIS CHAPTER; OR
  (D) VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN  SECTION
125.12  OF  THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS
DEFINED IN SECTION 125.13 OF THE  PENAL  LAW,  OR  AGGRAVATED  VEHICULAR
HOMICIDE AS DEFINED IN SECTION 125.14 OF THE PENAL LAW; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13285-05-2

A. 8934--A                          2

  (E) MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF
SECTION  ONE  OF SECTION 125.15 OF THE PENAL LAW, OR MANSLAUGHTER IN THE
FIRST DEGREE AS DEFINED BY SUBDIVISION ONE  OF  SECTION  125.20  OF  THE
PENAL LAW, IN WHICH THE DEATH WAS CAUSED BY AN OFFENDER'S OPERATION OF A
MOTOR VEHICLE IN VIOLATION OF THE PROVISIONS OF THIS CHAPTER.
  2.    PERSISTENT VEHICLE AND TRAFFIC LAW VIOLATOR LICENSES AND DRIVING
PRIVILEGES SHALL BE PERMANENTLY TERMINATED, INCLUDING THE DRIVING PRIVI-
LEGES OF A NON-RESIDENT OPERATING A MOTOR VEHICLE IN THIS STATE AND  THE
PRIVILEGE  OF  AN UNLICENSED PERSON OF OBTAINING A LICENSE ISSUED BY THE
COMMISSIONER.
  3. THE JUDGE SHALL  ISSUE  AN  ORDER  REVOKING  AND  TERMINATING  SUCH
LICENSE  UPON  CONVICTION,  AND  THE LICENSE HOLDER SHALL SURRENDER SUCH
LICENSE TO THE COURT.
  4. NOTHING CONTAINED IN THIS SECTION  SHALL  PREVENT  THE  COURT  FROM
IMPOSING  ANY OTHER AUTHORIZED DISPOSITION AND NOTHING CONTAINED IN THIS
SECTION SHALL PROHIBIT THE IMPOSITION OF A CHARGE OF ANY  OTHER  OFFENSE
SET  FORTH  IN  THIS  CHAPTER OR ANY OTHER PROVISION OF LAW FOR ANY ACTS
ARISING OUT OF THE SAME INCIDENT.
  S 4. Subdivision (e) of section 1146 of the vehicle and traffic law is
relettered subdivision (f) and a new subdivision (e) is added to read as
follows:
  (E) A VIOLATION OF SUBDIVISION (B) OR (C) OF THIS SECTION COMMITTED BY
A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED  OF  ANY  TWO  VIOLATIONS  OF
EITHER  OR  BOTH  OF  SUCH SUBDIVISIONS WITHIN THE PRECEDING TWENTY-FIVE
YEARS SHALL CONSTITUTE A CLASS E FELONY PUNISHABLE BY A FINE OF NOT MORE
THAN THREE THOUSAND DOLLARS, OR BY IMPRISONMENT AS PROVIDED BY THE PENAL
LAW OR BY ANY COMBINATION OF SUCH FINE OR IMPRISONMENT, AND BY PERMANENT
TERMINATION OF DRIVING PRIVILEGES, IN ADDITION TO  ANY  OTHER  PENALTIES
PROVIDED BY LAW.
  S  5.  Subdivision 3 of section 511 of the vehicle and traffic law, as
amended by chapter 420 of the laws of 1989, paragraph (a) as amended  by
chapter  732 of the laws of 2006, subparagraph (iii) of paragraph (a) as
amended by chapter 746 of the laws of 2006, and paragraph (b)  as  sepa-
rately  amended  by chapters 786 and 892 of the laws of 1990, is amended
to read as follows:
  3. Aggravated unlicensed operation of a motor  vehicle  in  the  first
degree.  (a)  A person is guilty of the offense of aggravated unlicensed
operation of a motor vehicle in the first degree when such  person:  (i)
commits  the offense of aggravated unlicensed operation of a motor vehi-
cle in the second degree as provided in subparagraph (ii), (iii) or (iv)
of paragraph (a) of subdivision two of this section and is  operating  a
motor  vehicle  while  under  the  influence  of  alcohol  or  a drug in
violation of subdivision one, two, two-a, three, four, four-a or five of
section eleven hundred ninety-two of this chapter; or
  (ii) commits the offense of aggravated unlicensed operation of a motor
vehicle in the third degree  as  defined  in  subdivision  one  of  this
section;  and  is  operating  a  motor  vehicle while such person has in
effect [ten] SIX or more suspensions, imposed  on  at  least  [ten]  SIX
separate  dates for failure to answer, appear or pay a fine, pursuant to
subdivision three of section two hundred twenty-six of this  chapter  or
subdivision four-a of section five hundred ten of this article; or
  (iii)  commits  the  offense  of  aggravated unlicensed operation of a
motor vehicle in the third degree as defined in subdivision one of  this
section;  and is operating a motor vehicle while under permanent revoca-
tion as set forth in subparagraph twelve of paragraph (b) of subdivision
two of section eleven hundred ninety-three of this chapter; OR

A. 8934--A                          3

  (IV) OPERATES A MOTOR VEHICLE WHILE UNDER PERMANENT TERMINATION AS SET
FORTH IN SECTION FIVE HUNDRED TEN-D OF THIS ARTICLE.
  (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; (II) PERMANENT
TERMINATION  AS  SET  FORTH  IN  SUBPARAGRAPH TWELVE OF PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE OF  THIS  CHAPTER
and [(ii)] (III) a term of imprisonment as provided in the penal law, or
[(iii)]  (IV)  where  appropriate  and  a  term  of  imprisonment is not
required by the penal law, a sentence of probation as provided in subdi-
vision six of this section, or [(iv)] (V) a term of  imprisonment  as  a
condition of a sentence of probation as provided in the penal law.
  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.