senate Bill S1888A

2013-2014 Legislative Session

Relates to aggravated unlicensed operation of a motor vehicle in the first degree

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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 (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 12, 2014 referred to transportation
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.404
Jan 29, 2014 print number 1888a
amend and recommit to transportation
Jan 08, 2014 referred to transportation
returned to senate
died in assembly
Apr 29, 2013 referred to transportation
delivered to assembly
passed senate
Apr 22, 2013 advanced to third reading
Apr 17, 2013 2nd report cal.
Apr 16, 2013 1st report cal.335
Jan 09, 2013 referred to transportation

Votes

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Apr 29, 2014 - Transportation committee Vote

S1888A
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

S1888
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)

S1888 - Bill Details

See Assembly Version of this Bill:
A1847A
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §511, V & T L
Versions Introduced in 2011-2012 Legislative Session:
S7857, S7858

S1888 - Bill Texts

view summary

Relates to penalties for causing a death while committing aggravated unlicensed operation of a motor vehicle.

view sponsor memo
BILL NUMBER:S1888

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation
to aggravated unlicensed operation of a motor vehicle in the first
degree

PURPOSE OR GENERAL IDEA OF BILL: To create felony level sanctions when
an unlicensed individual negligently causes the death of another person
while operating a motor vehicle.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Provides that this act shall be known and may be cited as
"Teresita's Law."

Section 2: Amends paragraph (a) of subdivision 3 of section 511 of the
Vehicle and Traffic Law by adding a new subparagraph (iv). The new
subparagraph makes it a class E felony to negligently cause the death of
another person while operating a motor vehicle with a suspended,
revoked, or otherwise withdrawn license.

Section 3: Effective date.

JUSTIFICATION: Teresita "Grace" Solano was killed on February 24, 2012
in Middletown, NY by an individual who was operating a car with a
suspended license. It appears the defendant, who, while driving with a
suspended license, caused the death of Ms. Solano, can only be convicted
of a misdemeanor and sentenced to a maximum of thirty days in jail. This
legislation recognizes that unlicensed operation of a motor vehicle,
which ends negligently in the death of an individual, should be treated
as a more serious crime. It grants prosecutors broader discretion to
seek a State prison term for the aggravated unlicensed operation which
results in someone's death.

LEGISLATIVE HISTORY:

S.7857 of 2012: Referred to Senate Rules

FISCAL IMPLICATIONS: None.

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
________________________________________________________________________

                                  1888

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- 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  aggravated
  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. This act shall be known and may  be  cited  as  "Teresita's
law".
  S  2.  Subparagraph (iii) of paragraph (a) of subdivision 3 of section
511 of the vehicle and traffic law, as amended by  chapter  746  of  the
laws of 2006, is amended and a new subparagraph (iv) is added to read as
follows:
  (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) COMMITS THE OFFENSE OF AGGRAVATED UNLICENSED OPERATION OF A MOTOR
VEHICLE IN THE THIRD DEGREE  AS  DEFINED  IN  SUBDIVISION  ONE  OF  THIS
SECTION;  AND  WHILE OPERATING SUCH VEHICLE NEGLIGENTLY CAUSES THE DEATH
OF ANOTHER PERSON.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04574-01-3

S1888A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1847A
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §511, V & T L
Versions Introduced in 2011-2012 Legislative Session:
S7857, S7858

S1888A (ACTIVE) - Bill Texts

view summary

Relates to penalties for causing a death while committing aggravated unlicensed operation of a motor vehicle.

view sponsor memo
BILL NUMBER:S1888A

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to aggravated unlicensed operation of a motor vehicle in the
first degree

PURPOSE OR GENERAL IDEA OF BILL: To create felony level sanctions
when an unlicensed individual negligently causes the death of another
person while operating a motor vehicle.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Provides that this act shall be known and may be cited as
"Teresita's Law."

Section 2: Amends paragraph (a) of subdivision 3 of section 511 of the
Vehicle and Traffic Law by adding a new subparagraph (v). The new
subparagraph makes it a class E felony to negligently cause the death
of another person while operating a motor vehicle with a suspended,
revoked, or otherwise withdrawn license.

Section 3: Effective date.

JUSTIFICATION: Teresita "Grace" Solano was killed on February 24,
2012 in Middletown, NY by an individual who was operating a car with a
suspended license. It appears the defendant, who, while driving with
a suspended license, caused the death of Ms. Solano, can only be
convicted of a misdemeanor and sentenced to a maximum of thirty days
in jail. This legislation recognizes that unlicensed operation of a
motor vehicle, which ends negligently in the death of an individual,
should be treated as a more serious crime. It grants prosecutors
broader discretion to seek a State prison term for the aggravated
unlicensed operation which results in someone's death.

LEGISLATIVE HISTORY: S.7857 of 2012: Referred to Senate Rules

FISCAL IMPLICATIONS: None.

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
________________________________________________________________________

                                 1888--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  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 aggravated
  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.  This  act  shall be known and may be cited as "Teresita's
law".
  S 2. Subparagraph (iv) of paragraph (a) of subdivision  3  of  section
511  of the vehicle and traffic law, as added by chapter 169 of the laws
of 2013, is amended and a new subparagraph  (v)  is  added  to  read  as
follows:
  (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[.]; OR
  (V)  COMMITS THE OFFENSE OF AGGRAVATED UNLICENSED OPERATION OF A MOTOR
VEHICLE IN THE THIRD DEGREE  AS  DEFINED  IN  SUBDIVISION  ONE  OF  THIS
SECTION;  AND  WHILE OPERATING SUCH VEHICLE NEGLIGENTLY CAUSES THE DEATH
OF ANOTHER PERSON.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04574-02-4

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