senate Bill S7049

2013-2014 Legislative Session

Relates to certain crimes related to the operation of a motor vehicle; repealer

download bill text pdf

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 (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2014 referred to codes
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.474
Apr 21, 2014 referred to codes

S7049 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§270.40 & 270.45; amd §125.13, 70.02, 120.03, 120.04 & 120.04-a, Pen L; rpld §511 sub 3 ¶(a) sub¶¶ (iii) & (iv), §1193 sub 2 ¶(b) sub¶ 12 cls (b) - (e)

S7049 - Summary

Relates to certain crimes related to the operation of a motor vehicle; establishes the crimes of persistent aggravated unlicensed operation of a motor vehicle and persistent driving while intoxicated.

S7049 - Sponsor Memo

S7049 - Bill Text download pdf

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

                                  7049

                            I N  S E N A T E

                             April 21, 2014
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing the crimes of
  persistent aggravated unlicensed operation  of  a  motor  vehicle  and
  persistent  driving while intoxicated, to increase the felony class of
  certain crimes related to the operation of a motor vehicle;  to  amend
  the  vehicle  and  traffic law, in relation to certain civil penalties
  and aggravated unlicensed operation of a motor vehicle; and to  repeal
  certain provisions of the vehicle and traffic law relating thereto

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

  Section 1.  The penal law is amended by adding a new section 270.40 to
read as follows:
S 270.40 PERSISTENT AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE.
  A PERSON IS GUILTY OF THE OFFENSE OF PERSISTENT AGGRAVATED  UNLICENSED
OPERATION  OF  A MOTOR VEHICLE WHEN SUCH PERSON: (1) COMMITS THE OFFENSE
OF AGGRAVATED UNLICENSED OPERATION OF  A  MOTOR  VEHICLE  IN  THE  THIRD
DEGREE  AS  DEFINED IN SUBDIVISION ONE OF SECTION FIVE HUNDRED ELEVEN OF
THE VEHICLE AND TRAFFIC LAW; AND IS  OPERATING  A  MOTOR  VEHICLE  WHILE
UNDER  PERMANENT REVOCATION AS SET FORTH IN SUBPARAGRAPH TWELVE OF PARA-
GRAPH (B) OF SUBDIVISION TWO OF SECTION ELEVEN HUNDRED  NINETY-THREE  OF
THE  VEHICLE  AND  TRAFFIC  LAW;  OR (2) 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 THE VEHICLE AND TRAFFIC LAW 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  THE  VEHICLE  AND  TRAFFIC
LAW.
  PERSISTENT  AGGRAVATED  UNLICENSED  OPERATION  OF A MOTOR VEHICLE IS A
CLASS D FELONY.
  S 2. Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 3 of
section 511 of the vehicle and traffic law are REPEALED.
  S 3. The penal law is amended by adding a new section 270.45  to  read
as follows:

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

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