senate Bill S1271A

2011-2012 Legislative Session

Increases the penalties for driving with a suspended or revoked license

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 22, 2012 referred to transportation
delivered to assembly
passed senate
Mar 12, 2012 amended on third reading 1271a
Jan 30, 2012 advanced to third reading
Jan 24, 2012 2nd report cal.
Jan 23, 2012 1st report cal.111
Jan 04, 2012 referred to transportation
returned to senate
died in assembly
Jun 15, 2011 referred to transportation
delivered to assembly
passed senate
Mar 24, 2011 advanced to third reading
Mar 23, 2011 2nd report cal.
Mar 22, 2011 1st report cal.250
Jan 06, 2011 referred to transportation

Votes

view votes

Jan 23, 2012 - Transportation committee Vote

S1271
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Mar 22, 2011 - Transportation committee Vote

S1271
17
0
committee
17
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1271 - Bill Details

See Assembly Version of this Bill:
A4190A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §511, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S6460, A9458

S1271 - Bill Texts

view summary

Increases the penalties for driving with a suspended or revoked license.

view sponsor memo
BILL NUMBER:S1271

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to increasing the
penalties for driving with a suspended or revoked license

PURPOSE OR GENERAL IDEA OF BILL:
To stiffen the penalties for driving with a suspended license in order
to protect the safety of law abiding drivers.

SUMMARY OF SPECIFIC PROVISIONS:
This bill changes the penalties for driving with a suspended license.
For a violation in the third degree, the penalty will be changed to a
fine no less than $500 to no more than $1000 and/or no more than 30
days in jail. For a violation in the second degree, the penalty will
change to a fine of no less than $1000 to no more than $5000 and/or
up to 180 days in jail. For a violation in the first degree, the
penalty will be one to four years in prison or one year in prison
under special circumstances.

JUSTIFICATION:
Irresponsible drivers in New York state whose licenses have been
suspended or revoked are a danger to others when they operate a
vehicle. However, time and time again accidents resulting in the
injury and death of innocent people are caused by those who do not
obey the law. Violators are not deterred by the consequences of
driving without a license. There have been several accidents across
the state in the past few years where dangerous drivers who have had
their licenses suspended have gotten behind the wheel of a car and
caused injuries and fatalities. The Legislature needs to send a clear
and persuasive message by increasing the penalties for driving with a
suspended license which will help deter those individuals. This
legislation seeks to protect the public from those who not only drive
irresponsibly, but are not supposed to be allowed on the road in the
first place.

PRIOR LEGISLATIVE HISTORY:
2010: S.6460 - Reported and Committed to Codes

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1271

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02017-01-1

S. 1271                             2

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-
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.

Co-Sponsors

S1271A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4190A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §511, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S6460, A9458

S1271A (ACTIVE) - Bill Texts

view summary

Increases the penalties for driving with a suspended or revoked license.

view sponsor memo
BILL NUMBER:S1271A

TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to increasing
the penalties for driving with a suspended or revoked license

PURPOSE OR GENERAL IDEA OF BILL:
To stiffen the penalties for driving with a suspended license in order
to protect the safety of law abiding drivers.

SUMMARY OF SPECIFIC PROVISIONS:
This bill changes the penalties for driving with a suspended license.
For a violation in the third degree, the penalty will be changed to a
fine no less than $500 to no more than $1000 and/or no more than 30 days
in jail. For a violation in the second degree, the penalty will change
to a fine of no less than $1000 to no more than $5000 and/or up to 180
days in jail. For a violation in the first degree, the penalty will be
one to four years in prison or one year in prison under special circum-
stances.

JUSTIFICATION:
Irresponsible drivers in New York state whose licenses have been
suspended or revoked are a danger to others when they operate a vehicle.
However, time and time again accidents resulting in the injury and death
of innocent people are caused by those who do not obey the law.Violators
are not deterred by the consequences of driving without a license.
There have been several accidents across the state in the past few years
where dangerous drivers who have had their licenses suspended have
gotten behind the wheel of a car and caused injuries and fatalities. The
Legislature needs to send a clear and persuasive message by increasing
the penalties for driving with a suspended license which will help deter
those individuals. This legislation seeks to protect the public from
those who not only drive irresponsibly, but are not supposed to be
allowed on the road in the first place.

PRIOR LEGISLATIVE HISTORY:
2010: S.6460 - Reported and Committed to Codes

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1271--A
    Cal. No. 111

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens.  ADDABBO,  ADAMS, AVELLA -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation -- recommitted to the Committee on Transportation in accord-
  ance  with  Senate  Rule  6,  sec.  8  -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02017-02-2

S. 1271--A                          2

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-
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]  ONE  THOUSAND dollars nor more than [five] TEN 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  (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.

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