S T A T E O F N E W Y O R K
________________________________________________________________________
5852
2015-2016 Regular Sessions
I N A S S E M B L Y
March 5, 2015
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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.