senate Bill S1503A

2013-2014 Legislative Session

Relates to the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree; repealer

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Sponsored By

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 (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to transportation
delivered to assembly
passed senate
May 28, 2014 advanced to third reading
May 21, 2014 2nd report cal.
May 20, 2014 1st report cal.815
May 01, 2014 print number 1503a
amend and recommit to transportation
Jan 08, 2014 referred to transportation
Jun 21, 2013 committed to rules
Apr 22, 2013 advanced to third reading
Apr 17, 2013 2nd report cal.
Apr 16, 2013 1st report cal.334
Jan 09, 2013 referred to transportation

Votes

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May 20, 2014 - Transportation committee Vote

S1503A
18
0
committee
18
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Apr 16, 2013 - Transportation committee Vote

S1503
17
0
committee
17
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1503 - Bill Details

See Assembly Version of this Bill:
A9623
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §511, rpld §511 sub 2 ¶(a) sub¶ (iv), V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S945
2009-2010: S606

S1503 - Bill Texts

view summary

Reduces the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree from ten or more suspensions to five or more suspensions which have to be imposed on at least five separate dates.

view sponsor memo
BILL NUMBER:S1503

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the number of prior
suspensions needed to qualify for aggravated unlicensed operation in the
first degree and repealing subparagraph (iv) of paragraph (a) of
subdivision 2 of section 511 of such law relating thereto

PURPOSE: This bill decreases the number of prior
suspensions needed to
qualify for aggravated unlicensed operation in the first degree from
ten prior suspensions to five prior suspensions.

SUMMARY OF PROVISIONS: Section 511 (3)(a) of the
Vehicle and Traffic
Law, which is an element of aggravated unlicensed operation in the
first degree, is amended to require five or more suspensions for
failure to answer, appear, or pay a fine rather than, ten or more
separate suspensions.

JUSTIFICATION: Under this legislation a person may be
prosecuted for
aggravated unlicensed operation in the first degree when such person
has five or more suspensions for failure to answer, appear, or pay a
fine. Under current law the person must have had ten such suspensions
to be prosecuted for aggravated unlicensed operation of a motor
vehicle in the first degree. The dangers posed by unlicensed drivers
to pedestrians and other motorists in New York State are well
documented. Numerous deaths have been caused by these drivers.

LEGISLATIVE HISTORY: 2002-2008: Passed Senate.
2009-10: Senate
Transportation. 2011-12: Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect on the first day of
November next succeeding the date on which it shall have become law.

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

                                  1503

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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  the  number
  of prior suspensions needed to qualify for aggravated unlicensed oper-
  ation in the first degree and repealing subparagraph (iv) of paragraph
  (a) of subdivision 2 of section 511 of such law relating thereto

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

  Section 1. Paragraph (a) of subdivision 3 of section 511 of the  vehi-
cle  and  traffic  law,  as  amended by chapter 732 of the laws of 2006,
subparagraph (iii) as amended by chapter 746 of the  laws  of  2006,  is
amended to read as follows:
  (a)  A person is guilty of the offense of aggravated unlicensed opera-
tion 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)[,]  OR  (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] FIVE or more suspensions, imposed on at  least  [ten]  FIVE
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03262-01-3

S. 1503                             2

tion as set forth in subparagraph twelve of paragraph (b) of subdivision
two of section eleven hundred ninety-three of this chapter.
  S  2.  Subparagraph  (iv) of paragraph (a) of subdivision 2 of section
511 of the vehicle and traffic law is REPEALED.
  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.

Co-Sponsors

S1503A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9623
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §511, rpld §511 sub 2 ¶(a) sub¶ (iv), V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S945
2009-2010: S606

S1503A (ACTIVE) - Bill Texts

view summary

Reduces the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree from ten or more suspensions to five or more suspensions which have to be imposed on at least five separate dates.

view sponsor memo
BILL NUMBER:S1503A

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the number of prior suspensions needed to qualify for
aggravated unlicensed operation in the first degree and repealing
subparagraph (iv) of paragraph (a) of subdivision 2 of section 511 of
such law relating thereto

PURPOSE:

This bill decreases the number of prior suspensions needed to qualify
for aggravated unlicensed operation in the first degree from ten prior
suspensions to five prior suspensions.

SUMMARY OF PROVISIONS:

Section 511 (3)(a) of the Vehicle and Traffic Law, which is an element
of aggravated unlicensed operation in the first degree, is amended to
require five or more suspensions for failure to answer, appear, or pay
a fine rather than ten or more separate suspensions.

JUSTIFICATION:

Under this legislation a person may be prosecuted for aggravated
unlicensed operation in the first degree when such person has five or
more suspensions for failure to answer, appear, or pay a fine. Under
current law the person must have had ten such suspensions to be
prosecuted for aggravated unlicensed operation of a motor vehicle in
the first degree. The dangers posed by unlicensed drivers to
pedestrians and other motorists in New York State are well documented.
Numerous deaths have been caused by these drivers.

LEGISLATIVE HISTORY:

2002-2008: Passed Senate.
2009-10: Senate Transportation.
2011-12: Passed Senate.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first day of November next
succeeding the date on which it shall have become law.

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

                                 1503--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MARCELLINO, AVELLA -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Transporta-
  tion  --  recommitted to the Committee on Transportation in accordance
  with Senate Rule 6, sec. 8  --  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 the number
  of prior suspensions needed to qualify for aggravated unlicensed oper-
  ation in the first degree and repealing subparagraph (iv) of paragraph
  (a) of subdivision 2 of section 511 of such law relating thereto

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

  Section  1. Paragraph (a) of subdivision 3 of section 511 of the vehi-
cle and traffic law, as amended by chapter 732  of  the  laws  of  2006,
subparagraph  (iii) as amended and subparagraph (iv) as added by chapter
169 of the laws of 2013, is amended to read as follows:
  (a) A person is guilty of the offense of aggravated unlicensed  opera-
tion  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)[,] OR (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]  FIVE  or more suspensions, imposed on at least [ten] FIVE
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03262-02-4

S. 1503--A                          2

  (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 upon a public highway while holding a
conditional license issued pursuant  to  paragraph  (a)  of  subdivision
seven  of  section eleven hundred ninety-six of this chapter 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.
  S  2.  Subparagraph  (iv) of paragraph (a) of subdivision 2 of section
511 of the vehicle and traffic law is REPEALED.
  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.

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