S T A T E O F N E W Y O R K
________________________________________________________________________
9172
I N A S S E M B L Y
February 1, 2012
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to adding
community service to sentences for second and third degree aggravated
unlicensed operation of a motor vehicle
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 and paragraph (b) of subdi-
vision 2 of section 511 of the vehicle and traffic law, as amended by
chapter 607 of the laws of 1993, 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 hundred
dollars nor more than five hundred dollars; or (ii) a term of imprison-
ment of not more than thirty days; or (iii) both such fine and imprison-
ment; OR (IV) A TERM OF SERVICE TO THE COMMUNITY NOT TO EXCEED THIRTY
DAYS.
(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; OR (V) A TERM OF SERVICE TO THE COMMUNITY NOT TO
EXCEED ONE HUNDRED EIGHTY DAYS. 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 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, or (iii) where appropriate a sentence of probation
as provided in subdivision six of this section; or (iv) a term of impri-
sonment as a condition of a sentence of probation as provided in the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13808-01-2
A. 9172 2
penal law and consistent with this section; OR (V) A TERM OF SERVICE TO
THE COMMUNITY OF NOT LESS THAN SEVEN DAYS NOR MORE THAN ONE HUNDRED
EIGHTY DAYS.
S 2. This act shall take effect immediately.