S T A T E   O F   N E W   Y O R K
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                                  5852

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2015
                               ___________

Introduced  by  M.  of  A.  KAVANAGH,  BARCLAY, WEPRIN, COLTON, RAIA, --
  Multi-Sponsored by -- M. of A. LIFTON,  McDONOUGH,  SALADINO  --  read
  once and referred to the Committee on Codes

AN  ACT  to amend the criminal procedure law and the vehicle and traffic
  law, in relation to 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  (d)  of subdivision 1 of section 160.10 of the
criminal procedure law, as amended by chapter 232 of the laws  of  2010,
is amended and a new paragraph (e) is added to read as follows:
  (d) Loitering for the purpose of engaging in a prostitution offense as
defined in subdivision two of section 240.37 of the penal law[.]; OR
  (E)  AGGRAVATED  UNLICENSED OPERATION OF A MOTOR VEHICLE AS DEFINED IN
SECTION FIVE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW.
  S 2. Subdivision 11 of section 509 of the vehicle and traffic law,  as
amended  by  section  3  of part C of chapter 62 of the laws of 2003, is
amended to read as follows:
  11. A violation of any provision of this section shall  be  punishable
by  a  fine  of  not  less than seventy-five nor more than three hundred
dollars, or by imprisonment for not more than fifteen days, or  by  both
such  fine and imprisonment except, if the violation consists of failure
to renew a license which was valid within sixty days, the fine shall  be
not  more than forty dollars, and except that a violation of subdivision
[seven or] eight of this section shall be punishable by a  fine  of  not
more  than  seventy-five dollars.   EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, A PERSON WHO VIOLATES THE  PROVISIONS  OF  THIS  SECTION  AFTER
HAVING  BEEN CONVICTED OF A VIOLATION OF THIS SECTION SHALL BE GUILTY OF
A MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED  DOLLARS
AND NOT MORE THAN FIVE HUNDRED DOLLARS OR A SENTENCE OF IMPRISONMENT FOR
NOT  MORE  THAN ONE HUNDRED EIGHTY DAYS, OR BOTH SUCH FINE AND IMPRISON-
MENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05190-01-5
              

A. 5852                             2

  S 3. Paragraph (a) of subdivision 1 of section 511 of the vehicle  and
traffic  law,  as amended by chapter 173 of the laws of 1990, 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 third degree when such person operates  a
motor  vehicle  upon  a public highway while knowing or having reason to
know that such person's license or privilege  of  operating  such  motor
vehicle  in  this  state  or privilege of obtaining a license to operate
such motor vehicle issued by the commissioner is suspended,  revoked  or
otherwise  withdrawn by the commissioner, OR WHEN SUCH PERSON OPERATES A
MOTOR VEHICLE WITHOUT BEING  DULY  LICENSED  PURSUANT  TO  SECTION  FIVE
HUNDRED  TWO OF THIS TITLE AND SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED
FOR A VIOLATION OF SECTION FIVE HUNDRED NINE OF THIS  TITLE  WITHIN  THE
IMMEDIATELY  PRECEDING  EIGHTEEN  MONTHS.  FOR THE PURPOSE OF THIS PARA-
GRAPH, A PERSON WHO HAS IN EFFECT THREE OR MORE SUSPENSIONS  OR  REVOCA-
TIONS  OF  HIS OR HER LICENSE, IMPOSED ON AT LEAST THREE SEPARATE DATES,
SHALL BE PRESUMED TO KNOW THAT SUCH LICENSE WAS SUSPENDED OR REVOKED.
  S 4. Subdivisions 2 and 3 of section 511 of the  vehicle  and  traffic
law,  as  amended by chapter 420 of the laws of 1989, paragraphs (a) and
(b) of subdivision 2 as amended by chapter 607  of  the  laws  of  1993,
subparagraph  (ii) of paragraph (a) of subdivision 2 as amended by chap-
ter 196 of the laws of 1996, paragraph (a) of subdivision 3  as  amended
by  chapter 732 of the laws of 2006, subparagraph (iii) of paragraph (a)
of subdivision 3 as amended and subparagraph (iv) of  paragraph  (a)  of
subdivision  3 as added by chapter 169 of the laws of 2013 and paragraph
(b) of subdivision 3 as separately amended by chapters 786  and  892  of
the laws of 1990, are amended to read as follows:
  2.  Aggravated  unlicensed  operation of a motor vehicle in the second
degree. (a) A person is guilty of the offense of  aggravated  unlicensed
operation  of  a  motor  vehicle  in  the second degree when such person
commits the offense of aggravated unlicensed operation of a motor  vehi-
cle  in  the third degree as defined in subdivision one of this section;
and
  (i) has previously been convicted of an offense that  consists  of  or
includes  the elements comprising the offense committed within the imme-
diately preceding eighteen months; or
  (ii) the suspension or revocation is based upon a refusal to submit to
a chemical test pursuant to section eleven hundred ninety-four  of  this
chapter, a finding of driving after having consumed alcohol in violation
of  section  eleven  hundred  ninety-two-a  of  this  chapter  or upon a
conviction for a violation of any of the provisions  of  section  eleven
hundred ninety-two of this chapter; or
  (iii) the suspension was a mandatory suspension pending prosecution of
a  charge  of  a  violation of section eleven hundred ninety-two of this
chapter ordered pursuant to paragraph (e) of subdivision two of  section
eleven hundred ninety-three of this chapter or other similar statute; or
  (iv)  such  person has in effect three or more suspensions, imposed on
at least three separate dates, for failure to answer, appear  or  pay  a
fine, pursuant to subdivision three of section two hundred twenty-six or
subdivision four-a of section five hundred ten of this chapter; OR
  (V)  HAS PREVIOUSLY BEEN CONVICTED OF ANY OFFENSE INCLUDED UNDER ARTI-
CLE ONE HUNDRED SEVENTY OF THE PENAL LAW INVOLVING THE FALSIFICATION  OF
DEPARTMENT RECORDS; OR
  (VI) WHILE OPERATING A MOTOR VEHICLE, HE OR SHE COMMITS THE OFFENSE OF
RECKLESS  DRIVING  AS  DEFINED  IN SECTION TWELVE HUNDRED TWELVE OF THIS
CHAPTER.

A. 5852                             3

  (b) Aggravated unlicensed operation of a motor vehicle in  the  second
degree is a [misdemeanor] CLASS E FELONY.  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 NOR MORE THAN TWENTY-FIVE HUNDRED DOLLARS; [and] 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 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] AS PROVIDED IN THE PENAL  LAW.    When  a  person  is
convicted  of this crime under subparagraph (ii), (iii) or (iv) of para-
graph (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] FIVE
thousand dollars; [and] AND/OR (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  imprisonment  as a condition of a
sentence of probation as provided in the penal law and  consistent  with
this section].
  3.  Aggravated  unlicensed  operation  of a motor vehicle in the first
degree. (a) A person is guilty of the offense of  aggravated  unlicensed
operation  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), (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-
tion as set forth in subparagraph twelve of paragraph (b) of subdivision
two of section eleven hundred ninety-three of this chapter; or
  (IV)  HAS PREVIOUSLY BEEN CONVICTED OF AGGRAVATED UNLICENSED OPERATION
OF A MOTOR VEHICLE IN THE SECOND DEGREE WITHIN THE IMMEDIATELY PRECEDING
TEN YEARS; OR
  [(iv)] (V) operates a motor vehicle upon a public highway while  hold-
ing  a  conditional license issued pursuant to paragraph (a) of subdivi-
sion 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.
  (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
degree is a class [E] D 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] SEVEN hundred FIFTY dollars nor more than [five]  SEVEN
thousand  FIVE HUNDRED dollars; [and] AND/OR (ii) a term of imprisonment
as provided in the penal law[, or (iii) where appropriate and a term  of
imprisonment  is  not required by the penal law, a sentence of probation

A. 5852                             4

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
penal law].
  S 5. This act shall take effect immediately.