NY State Senate Bill S4649A

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Introduced
In Committee
On Floor Calendar
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- Passed Assembly
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Signed/Vetoed by Governor

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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2016	referred to transportation delivered to assembly passed senate
May 09, 2016	advanced to third reading
May 05, 2016	2nd report cal.
May 04, 2016	1st report cal.652
Jan 06, 2016	referred to transportation returned to senate died in assembly
May 27, 2015	referred to transportation delivered to assembly passed senate
May 18, 2015	amended on third reading 4649a
Apr 27, 2015	advanced to third reading
Apr 23, 2015	2nd report cal.
Apr 22, 2015	1st report cal.390
Apr 01, 2015	referred to transportation

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S4649 - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §511, V & T L

S4649 - Summary

Relates to the crime of aggravated unlicensed operation of a motor vehicle.

S4649 - Sponsor Memo

BILL NUMBER:S4649                 Revised 04/08/15

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the crime of
aggravated unlicensed operation of a motor vehicle

PURPOSE:

To strengthen the penalties for aggravated unlicensed operation of a
motor vehicle.

SUMMARY OF PROVISIONS:

Section one amends section 511 of the vehicle and traffic law to create
new first and second degree offenses for those who operate a vehicle
unlicensed and cause serious physical injury or death of another person.

Section two sets the effective date

JUSTIFICATION:

On December 12, 2014, a driver with a suspended license struck and
killed a twelve year old boy who was on his way to school. Despite the
fact that this driver had a history of driving offenses, including a
drunk driving charge, he could only be charged with two misdemeanors,

second and third degree aggravated unlicensed operation of a vehicle and
a suspended license, which is a violation, and not a crime.

On March 19th, 2015, a driver with a suspended license fled the scene of
an accident and after speeding away, hit a second vehicle and crashed
into a storefront, seriously injuring an innocent bystander in a shop-
ping center on Long Island. Despite this driver's reckless actions,
which resulted in serious consequences to others, existing law dictated
that he could only be charged with third degree aggravated unlicensed
operation of a motor vehicle, which is only a misdemeanor, and leaving
the scene of an accident, a mere violation, which is not a crime.

Existing law is inadequate to properly address reckless unlicensed and
suspended drivers, consisting primarily of misdemeanor offenses and
noncriminal violations. The creation of two additional felony degrees
for the most serious types of aggravated unlicensed operation of a motor
vehicle, in which another person is seriously injured or killed, will
ensure that appropriate criminal penalties are in place to deal with
these situations in the future.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall become
law.

S4649 - Bill Text download pdf

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

                                  4649

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 1, 2015
                               ___________

Introduced  by  Sen. MARTINS -- 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 crime of
  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.  Section  511  of the vehicle and traffic law, as added by
chapter 756 of the laws of 1985,  paragraph  (a)  of  subdivision  1  as
amended  and  paragraph  (c) of subdivision 1 as added by chapter 173 of
the laws of 1990, paragraph (b) of subdivision 1 and paragraphs (a)  and
(b)  of  subdivision  2  as  amended by chapter 607 of the laws of 1993,
subdivisions 2 and 3 as amended by chapter 420  of  the  laws  of  1989,
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, paragraph (b)
of  subdivision  3  as separately amended by chapters 786 and 892 of the
laws of 1990, and subdivision 7 as amended by section 3  of  part  P  of
chapter 59 of the laws of 2013, is amended to read as follows:
  S 511. Operation  while  license or privilege is suspended or revoked;
aggravated unlicensed operation. 1. Aggravated unlicensed operation of a
motor vehicle in the [third] FIFTH degree. (a) A person is guilty of the
offense of aggravated unlicensed operation of a  motor  vehicle  in  the
[third]  FIFTH  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10284-02-5

S. 4649                             2

  (b) Aggravated unlicensed operation of a motor vehicle in the  [third]
FIFTH  degree  is  a  misdemeanor.  When  a  person is convicted of this
offense, the sentence of the court must be: (i) a fine of not less  than
two hundred dollars nor more than five hundred dollars; [or] AND/OR (ii)
a term of imprisonment of not more than thirty days; or (iii) [both such
fine  and  imprisonment]  WHERE  APPROPRIATE  A  SENTENCE OF CONDITIONAL
DISCHARGE OR PROBATION AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION.
  (c) When a person is convicted of this offense  with  respect  to  the
operation  of a motor vehicle with a gross vehicle weight rating of more
than eighteen thousand pounds, the sentence of the court must be: (i)  a
fine of not less than five hundred dollars nor more than fifteen hundred
dollars; [or] AND/OR (ii) a term of imprisonment of not more than thirty
days;  or  (iii)  [both  such fine and imprisonment] WHERE APPROPRIATE A
SENTENCE OF CONDITIONAL DISCHARGE OR PROBATION AS PROVIDED  IN  SUBDIVI-
SION  SEVEN  OF THIS SECTION; OR (IV) A TERM OF IMPRISONMENT AS A CONDI-
TION OF A SENTENCE OF  PROBATION  AS  PROVIDED  IN  THE  PENAL  LAW  AND
CONSISTENT WITH THIS SECTION.
  2.  Aggravated unlicensed operation of a motor vehicle in the [second]
FOURTH degree. (a) A person is guilty of the offense of aggravated unli-
censed operation of a motor vehicle in the [second] FOURTH  degree  when
such  person commits the offense of aggravated unlicensed operation of a
motor vehicle in the [third] FIFTH degree as defined in subdivision  one
of this section; and
  (i) has previously been convicted of, OR ADJUDICATED A YOUTHFUL OFFEN-
DER FOR, an offense that consists of or includes the elements comprising
the  offense committed within the immediately 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  OR THE PROVISIONS OF ANY OTHER JURISDICTION, a finding of driv-
ing after having consumed alcohol in violation of section eleven hundred
ninety-two-a of this chapter or upon a conviction  for,  OR  AN  ADJUDI-
CATION  AS A YOUTHFUL OFFENDER FOR, a violation of any of the provisions
of section eleven hundred ninety-two of this chapter  OR THE  PROVISIONS
OF  ANY  OTHER JURISDICTION PROVIDED, HOWEVER, THAT SUCH CONDUCT, HAD IT
OCCURRED IN THIS STATE, WOULD HAVE CONSTITUTED A MISDEMEANOR  OR  FELONY
VIOLATION 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 IN
THIS, OR ANY OTHER JURISDICTION; 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.
  (b) Aggravated unlicensed operation of a motor vehicle in the [second]
FOURTH degree is a misdemeanor. 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; and (ii) a term of  imprisonment  not  to  exceed  one  hundred
eighty  days;  or  (iii)  where  appropriate  a sentence of probation as
provided in subdivision [six] SEVEN 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.  When  a  person  is
convicted  of this crime under subparagraph (ii), (iii) or (iv) of para-

S. 4649                             3

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 thousand
dollars; and (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] SEVEN 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]
THIRD degree.  (a) A person is guilty of the offense of aggravated unli-
censed  operation  of  a  motor vehicle in the [first] THIRD degree when
such person: (i) commits the offense of aggravated unlicensed  operation
of a motor vehicle in the [second] FOURTH degree as provided in subpara-
graph  (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  chap-
ter; or
  (ii) commits the offense of aggravated unlicensed operation of a motor
vehicle  in  the  [third]  FIFTH degree as defined in subdivision one of
this section; and is operating a motor vehicle while such person has  in
effect  ten  or more suspensions, imposed on at least ten 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] FIFTH degree as defined in subdivision one
of this section; and is operating a motor vehicle while under  permanent
revocation  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; OR
  (V)  WHEN  SUCH  PERSON OPERATES A MOTOR VEHICLE UPON A PUBLIC HIGHWAY
AFTER SUCH PERSON'S APPLICATION FOR RELICENSING HAS BEEN DENIED PURSUANT
TO 15 NYCRR 136.5(B)(1) OR (2) OR WHEN SUCH OPERATION OCCURS WITHIN  THE
PERIOD OF REAPPLICATION DELAY IMPOSED BY THE COMMISSIONER PURSUANT TO 15
NYCRR 136.5(B)(3) OR (4).
  (b)  Aggravated unlicensed operation of a motor vehicle in the [first]
THIRD degree is a class E 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 hundred dollars nor more than five thousand dollars;  and
(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 as provided in subdivision [six] SEVEN of this
section, or (iv) a term of imprisonment as a condition of a sentence  of
probation as provided in the penal law.
  4.    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  FIFTH DEGREE AS DEFINED IN SUBDIVISION ONE OF THIS SECTION
AND BY OPERATION OF THE MOTOR VEHICLE, SUCH PERSON CAUSES SERIOUS  PHYS-

S. 4649                             4

ICAL INJURY, AS DEFINED IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL
LAW, TO ANOTHER PERSON.
  (B)  AGGRAVATED  UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE SECOND
DEGREE IS A CLASS E 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  HUNDRED  DOLLARS  NOR  MORE THAN FIVE THOUSAND DOLLARS; AND (II) A
TERM OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR (III) WHERE APPRO-
PRIATE, AND A TERM OF IMPRISONMENT IS NOT REQUIRED BY THE PENAL  LAW,  A
SENTENCE  OF PROBATION AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION,
OR (IV) A TERM OF IMPRISONMENT AS A CONDITION OF A SENTENCE OF PROBATION
AS PROVIDED IN THE PENAL LAW.
  5. 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
COMMITS  THE OFFENSE OF AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHI-
CLE IN THE FIFTH DEGREE AS DEFINED IN SUBDIVISION ONE  OF  THIS  SECTION
AND  BY  OPERATION OF THE MOTOR VEHICLE, SUCH PERSON CAUSES THE DEATH OF
ANOTHER PERSON.
  (B) AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE  IN  THE  FIRST
DEGREE  IS  A  CLASS 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
ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND  DOLLARS;  AND  (II)  A
TERM OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR (III) WHERE APPRO-
PRIATE  AND  A  TERM OF IMPRISONMENT IS NOT REQUIRED BY THE PENAL LAW, A
SENTENCE OF PROBATION AS PROVIDED IN SUBDIVISION SEVEN OF THIS  SECTION,
OR (IV) A TERM OF IMPRISONMENT AS A CONDITION OF A SENTENCE OF PROBATION
AS PROVIDED IN THE PENAL LAW.
  6.  Defense.  In  any  prosecution  under this section or section five
hundred eleven-a of this chapter, it is a defense that the person  oper-
ating  the motor vehicle has at the time of the offense a license issued
by a foreign  country,  state,  territory  or  federal  district,  which
license  is  valid  for  operation  in this state in accordance with the
provisions of section two hundred fifty of this chapter.
  [5.] 7. Limitation on pleas. Where an accusatory instrument charges  a
violation of this section, any plea of guilty entered in satisfaction of
such  charge  must  include  at  least  a  plea  of guilty of one of the
offenses defined by this section and no other  disposition  by  plea  of
guilty  to  any  other  charge  in  satisfaction of such charge shall be
authorized; provided,  however,  that  if  the  district  attorney  upon
reviewing  the  available  evidence  determines  that  the  charge  of a
violation of this section is not warranted, he may set  forth  upon  the
record  the basis for such determination and consent to a disposition by
plea of guilty to another charge in satisfaction of such charge, and the
court may accept such plea.
  [6.] 8. Sentence of  probation.  In  any  case  where  a  sentence  of
probation is authorized by this section, the court may in its discretion
impose  such  sentence, provided however, if the court is of the opinion
that a program of alcohol or drug treatment may be effective in  assist-
ing  in  prevention of future offenses of a similar nature upon imposing
such sentence, the court shall require as a condition  of  the  sentence
that the defendant participate in such a program.
  [7.]  9.  Exceptions.  When  a  person  is convicted of a violation of
subdivision one or two of this section, and the  suspension  was  issued
pursuant  to  (a) subdivision four-e of section five hundred ten of this
article due to a support arrears, or (b) subdivision four-f  of  section
five  hundred  ten  of  the article due to past-due tax liabilities, the

S. 4649                             5

mandatory penalties set forth in subdivision one or two of this  section
shall  not  be applicable if, on or before the return date or subsequent
adjourned date, such person presents proof that such support arrears  or
past-due  tax  liabilities  have  been  satisfied  as shown by certified
check, notice issued by the court ordering  the  suspension,  or  notice
from  a support collection unit or department of taxation and finance as
applicable. The sentencing court shall take the satisfaction of  arrears
or  the payment of the past-due tax liabilities into account when impos-
ing a sentence for any such conviction. For licenses suspended for  non-
payment  of  past-due  tax  liabilities,  the court shall also take into
consideration proof, in the form of a  notice  from  the  department  of
taxation  and  finance,  that  such person has made payment arrangements
that are satisfactory to the commissioner of taxation and finance.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

S4649A (ACTIVE) - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §511, V & T L

S4649A (ACTIVE) - Summary

Relates to the crime of aggravated unlicensed operation of a motor vehicle.

S4649A (ACTIVE) - Sponsor Memo

BILL NUMBER:S4649A               Received 05/27/15

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the crime
of aggravated unlicensed operation of a motor vehicle

PURPOSE:

To strengthen the penalties for aggravated unlicensed operation of a
motor vehicle.

SUMMARY OF PROVISIONS:

The statute is re-ordered by adding a higher level offense. The first
degree provision is new and caused the previous three degrees to be
renumbered second, third and fourth degrees.

Section one amends section: 511(1) of the vehicle and traffic law to
add the possible sentences of conditional discharges or probation to
enable the court to require compliance with a sentencing condition
under court supervision.

511(2)(a)(i) and (ii) are amended to include suspensions or
revocations received as part of a youthful offender adjudication for a
DWI. Currently if a driver is impaired or intoxicated and has an open

DWI-related suspension, the driver can be charged with a felony
aggravated unlicensed operation of a motor vehicle. The current
statute relies on the word "conviction". Since a youthful offender
adjudication is not technically a conviction, the charge cannot be
brought once the DWI is resolved. However, the youthful offender
driver can be charged with the felony while the driver's underlying
DWI case is open and there is an open suspension pending prosecution
or a refusal revocation. It is illogical that an adjudication
establishing the commission of the underlying DWI does not. This
amendment provides parity.

511(2)(a) (ii) and (iii) are further amended to include DWI-related
suspensions and revocation from other jurisdictions as long as the
offenses would constitute a misdemeanor or felony offense in New York.
VTL § 1192(8) recognizes out-of-state DWI convictions for charging
purposes. The aggravated unlicensed operation statute should be
consistent and recognize out-of-state events as well.  Subparagraph
(v) is added to 511(2)(a) to provide for a misdemeanor when a driver
commits a violation of aggravated unlicensed operation and physical
injury has been caused to another person as a result of an incident
involving the motor vehicle. This language mirrors the language of VTL
§ 600(2), leaving the scene of an incident without reporting.
511(2)(c) is added to exclude certain financial suspensions.

Subparagraph (vi) is added to 511(2)(a) to provide for a misdemeanor
when a driver commits a violation of VTL § 509(1) by operating a motor
vehicle without being duly licensed and physical injury has been
caused to another person as a result of an incident involving the
motor. vehicle.  Subparagraph (vii) is added to 511(2)(a) to provide
for a misdemeanor when a driver commits a violation of aggravated
unlicensed operation in the second degree by driving while the


driver's license reapplication has been denied or delayed pursuant to
15 NYCRR 136.5(b) and physical injury has been caused to another
person as a result of an incident involving the motor. vehicle.
511(2)(b) is amended to specify that a violation of subparagraphs (v),
(vi) or (vii) is a class A misdemeanor.

Subparagraph (v) is added to 511(3)(a) to create a new class E felony
offense of aggravated unlicensed operation in the second degree by
driving while the driver's license reapplication has been denied or
delayed pursuant to 15 NYCRR 136.5(b). This provision corrects an
anomaly. The Governor strengthened relicensing regulations to disallow
the worst driving offenders from being relicensed or in some cases to
deny relicensing for at least 5 years. Driving with 10 unanswered
tickets from 10 different traffic stop dates is currently a class E
felony. But the driver who operates a motor vehicle while
"permanently" denied (or delayed) relicensing currently faces only a
traffic infraction pursuant to VTL § 509(1).

Subparagraph (vi) is added to 511(3) (a) to create a new class E
felony offense of aggravated unlicensed operation in the second degree
when a driver commits a violation of aggravated unlicensed operation
and serious physical injury has been caused to another person as a
result of an incident involving the motor vehicle.  511(3)(b) is added
to exclude certain financial suspensions.

Former 511(4) is deleted as redundant. This section only applies to
licenses or privileges to operate that have been suspended, revoked or
withdrawn in this state. Therefore a separate "defense" of a person
possessing a license or privilege from another state that is valid in
this state is unnecessary. No charge could have been filed under these
circumstances.

511(4)(a) is added to create a new class D felony offense of
aggravated unlicensed operation in the first degree when a driver
commits a violation of aggravated unlicensed operation and death has
been caused to another person as a result of an incident involving the
motor vehicle,. 511(4)(b) is added to exclude certain financial
suspensions. 511(4)(c) provides for class D felony sanctions.

JUSTIFICATION:

On March 19th, 2015, a driver with a suspended license fled the scene
of a collision and after speeding away, hit a second vehicle and
crashed into a storefront, injuring at least 4 innocent bystanders.
Two people were seriously injured in the shopping center on Long
Island. The driver's license was suspended since 1996  On December 11,
2014, twelve year old, Zachary Ranftle was killed by a driver with a
suspended license as the child walked to school. On June 5, 2012
Stephen Joseph Fay was killed when a truck driver with a suspended
license pulled out of a parking lot in front of the victim's
motorcycle. Records indicate the driver had been suspended since 2005.
There are dozens of other victims across New York State.  In each of
the cases cited, the driver could only be charged with a misdemeanor
for driving with a suspended or revoked license. The level of the
crime did not change even though innocent bystanders were seriously
injured or killed.


There are numerous cases of drivers who should not be on the road
because they either have no license or a license that is suspended or
revoked. Background provided by the National Highway Traffic Safety
Administration indicates that state motor vehicle officials estimate
that "as high as 80 percent" of the people with suspended or revoked
licenses are continuing to operate motor vehicles. The AAA Foundation
evaluated data from 1993 - 1999 and concluded "of the 278,078 drivers
involved in fatal crashes in the United States  37% were unlicensed,
74% were driving on an invalid (e.g., suspended, revoked,
denied/cancelled) license". There must be greater deterrence of these
drivers and when a person is seriously injured or killed in an
incident involving a driver who should not have been on the road, the
penalties must fit the result. It is offensive to the victims, their
families and the community that the law does not distinguish between
an invalid driver who is stopped by police and one who is involved in
a serious injury or fatal crash.

Existing law is inadequate to act as a deterrent. The creation of two
additional felony offenses for the most serious types of aggravated
unlicensed operation of a motor vehicle, in which another person is
seriously injured or killed, will ensure that appropriate criminal
penalties are in place to deal with these situations in the future.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall become
law.

S4649A (ACTIVE) - Bill Text download pdf

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

                                 4649--A
    Cal. No. 390

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 1, 2015
                               ___________

Introduced  by  Sens. MARTINS, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the vehicle and traffic law, in relation to the crime of
  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.  Section  511  of the vehicle and traffic law, as added by
chapter 756 of the laws of 1985,  paragraph  (a)  of  subdivision  1  as
amended  and  paragraph  (c) of subdivision 1 as added by chapter 173 of
the laws of 1990, paragraph (b) of subdivision 1 and paragraphs (a)  and
(b)  of  subdivision  2  as  amended by chapter 607 of the laws of 1993,
subdivisions 2 and 3 as amended by chapter 420  of  the  laws  of  1989,
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, paragraph (b)
of  subdivision  3  as separately amended by chapters 786 and 892 of the
laws of 1990, and subdivision 7 as amended by section 3  of  part  P  of
chapter 59 of the laws of 2013, is amended to read as follows:
  S 511. Operation  while  license or privilege is suspended or revoked;
aggravated unlicensed operation. 1. Aggravated unlicensed operation of a
motor vehicle in the [third] FOURTH degree.  (a) A person is  guilty  of
the offense of aggravated unlicensed operation of a motor vehicle in the
[third]  FOURTH  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

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

                                                           LBD10284-03-5

S. 4649--A                          2

the  commissioner  is  suspended,  revoked or otherwise withdrawn by the
commissioner.
  (b)  Aggravated unlicensed operation of a motor vehicle in the [third]
FOURTH degree is a misdemeanor. When  a  person  is  convicted  of  this
offense,  the sentence of the court must be: (i) a fine of not less than
two hundred dollars nor more than five hundred dollars; [or] AND/OR (ii)
a term of imprisonment of not more than thirty days; or (iii) [both such
fine and imprisonment]  WHERE  APPROPRIATE  A  SENTENCE  OF  CONDITIONAL
DISCHARGE OR PROBATION AS PROVIDED IN SUBDIVISION SIX OF THIS SECTION.
  (c)  When  a  person  is convicted of this offense with respect to the
operation of a motor vehicle with a gross vehicle weight rating of  more
than  eighteen thousand pounds, the sentence of the court must be: (i) a
fine of not less than five hundred dollars nor more than fifteen hundred
dollars; [or] AND/OR (ii) a term of imprisonment of not more than thirty
days; or (iii) [both such fine and  imprisonment]  WHERE  APPROPRIATE  A
SENTENCE  OF  CONDITIONAL DISCHARGE OR 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.
  2. Aggravated unlicensed operation of a motor vehicle in the  [second]
THIRD  degree. (a) A person is guilty of the offense of aggravated unli-
censed operation of a motor vehicle in the [second]  THIRD  degree  when
such  person commits the offense of aggravated unlicensed operation of a
motor vehicle in the [third] FOURTH degree as defined in subdivision one
of this section; and
  (i) has previously been convicted of, OR ADJUDICATED A YOUTHFUL OFFEN-
DER FOR, an offense that consists of or includes the elements comprising
the offense committed within the immediately 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 OR THE PROVISIONS OF ANY OTHER JURISDICTION, a finding of  driv-
ing after having consumed alcohol in violation of section eleven hundred
ninety-two-a  of  this  chapter  or upon a conviction for, OR AN ADJUDI-
CATION AS A YOUTHFUL OFFENDER FOR, a violation of any of the  provisions
of  section  eleven hundred ninety-two of this chapter OR THE PROVISIONS
OF ANY OTHER JURISDICTION PROVIDED, HOWEVER, THAT SUCH CONDUCT,  HAD  IT
OCCURRED  IN  THIS STATE, WOULD HAVE CONSTITUTED A MISDEMEANOR OR FELONY
VIOLATION 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  IN
THIS, OR ANY OTHER JURISDICTION; 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) PHYSICAL INJURY, AS DEFINED IN SUBSECTION NINE OF SECTION 10.00 OF
THE  PENAL  LAW,  HAS  BEEN  CAUSED TO ANOTHER PERSON DUE TO AN INCIDENT
INVOLVING THE MOTOR VEHICLE OPERATED BY SUCH PERSON; OR
  (VI) WHEN SUCH PERSON COMMITS THE OFFENSE OF UNLICENSED OPERATION OF A
MOTOR VEHICLE PURSUANT TO SUBDIVISION ONE OF SECTION FIVE  HUNDRED  NINE
OF  THIS  CHAPTER AND PHYSICAL INJURY, AS DEFINED IN SUBDIVISION NINE OF
SECTION 10.00 OF THE PENAL LAW, HAS BEEN CAUSED TO ANOTHER PERSON DUE TO
AN INCIDENT INVOLVING THE MOTOR VEHICLE OPERATED BY SUCH PERSON; OR

S. 4649--A                          3

  (VII) WHEN SUCH PERSON COMMITS THE OFFENSE  OF  AGGRAVATED  UNLICENSED
OPERATION  OF  A  MOTOR VEHICLE IN THE THIRD DEGREE PURSUANT TO SUBPARA-
GRAPH (V) OF PARAGRAPH (A) OF SUBDIVISION  THREE  OF  THIS  SECTION  AND
PHYSICAL  INJURY, AS DEFINED IN SUBDIVISION NINE OF SECTION 10.00 OF THE
PENAL  LAW, HAS BEEN CAUSED TO ANOTHER PERSON DUE TO AN INCIDENT INVOLV-
ING THE MOTOR VEHICLE OPERATED BY SUCH PERSON.
  (b) Aggravated unlicensed operation of a motor vehicle in the [second]
THIRD degree is a misdemeanor. 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;  and  (ii)  a  term  of  imprisonment not to exceed 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 imprison-
ment  as a condition of a sentence of probation as provided in the penal
law and consistent with this section. When a person is convicted of this
crime under subparagraph (ii), (iii) or (iv) 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 one thousand dollars; and (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 impri-
sonment as a condition of a sentence of probation  as  provided  in  the
penal  law and consistent with this section. A VIOLATION OF SUBPARAGRAPH
(V), (VI) OR (VII) OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE A CLASS
A MISDEMEANOR AND SHALL BE SENTENCED ACCORDING TO THE PROVISIONS OF  THE
PENAL LAW.
  3.  Aggravated  unlicensed operation of a motor vehicle in the [first]
SECOND degree. (a) A person is guilty of the offense of aggravated unli-
censed operation of a motor vehicle in the [first]  SECOND  degree  when
such  person: (i) commits the offense of aggravated unlicensed operation
of a motor vehicle in the [second] THIRD degree as provided in  subpara-
graph  (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  chap-
ter; or
  (ii) commits the offense of aggravated unlicensed operation of a motor
vehicle  in  the  [third] FOURTH degree as defined in subdivision one of
this section; and is operating a motor vehicle while such person has  in
effect  ten  or more suspensions, imposed on at least ten 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] FOURTH degree as defined in subdivision one
of  this section; and is operating a motor vehicle while under permanent
revocation 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; OR

S. 4649--A                          4

  (V) WHEN SUCH PERSON OPERATES A MOTOR VEHICLE UPON  A  PUBLIC  HIGHWAY
AFTER SUCH PERSON'S APPLICATION FOR RELICENSING HAS BEEN DENIED PURSUANT
TO  15 NYCRR 136.5(B)(1) OR (2) OR WHEN SUCH OPERATION OCCURS WITHIN THE
PERIOD OF REAPPLICATION DELAY IMPOSED BY THE COMMISSIONER PURSUANT TO 15
NYCRR 136.5(B)(3) OR (4); OR
  (VI) WHEN SUCH PERSON COMMITS THE OFFENSE OF UNLICENSED OPERATION OF A
MOTOR  VEHICLE  PURSUANT TO SUBDIVISION ONE OF SECTION FIVE HUNDRED NINE
OF THIS TITLE OR AGGRAVATED UNLICENSED OPERATION OF A MOTOR  VEHICLE  IN
THE  FOURTH  DEGREE  AS  DEFINED  IN  SUBDIVISION ONE OF THIS SECTION OR
AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE SECOND  DEGREE
PURSUANT TO SUBPARAGRAPH (V) OF THIS PARAGRAPH; SERIOUS PHYSICAL INJURY,
AS  DEFINED  IN  SUBDIVISION  TEN OF SECTION 10.00 OF THE PENAL LAW, HAS
BEEN CAUSED TO ANOTHER PERSON DUE TO AN  INCIDENT  INVOLVING  THE  MOTOR
VEHICLE OPERATED BY SUCH PERSON.
  (B) EXCEPTIONS. SUBPARAGRAPH (VI) OF PARAGRAPH (A) OF THIS SUBDIVISION
SHALL  NOT APPLY WHEN THE SUSPENSION WAS ISSUED PURSUANT TO (A) SUBDIVI-
SION FOUR-E OF SECTION FIVE HUNDRED TEN OF THIS ARTICLE DUE TO A SUPPORT
ARREARS, OR (B) SUBDIVISION FOUR-F OF SECTION FIVE HUNDRED TEN  OF  THIS
ARTICLE DUE TO PAST-DUE TAX LIABILITIES.
  [(b)]  (C)  Aggravated  unlicensed operation of a motor vehicle in the
[first] SECOND degree is a class E 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 hundred dollars nor more than five thousand dollars;
and (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 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.
  4. 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
COMMITS  THE OFFENSE OF UNLICENSED OPERATION OF A MOTOR VEHICLE PURSUANT
TO SUBDIVISION ONE OF SECTION FIVE HUNDRED NINE OF THIS TITLE OR  AGGRA-
VATED  UNLICENSED  OPERATION  OF A MOTOR VEHICLE IN THE FOURTH DEGREE AS
DEFINED IN SUBDIVISION ONE OF  THIS  SECTION  OR  AGGRAVATED  UNLICENSED
OPERATION  OF  A MOTOR VEHICLE IN THE SECOND DEGREE PURSUANT TO SUBPARA-
GRAPH (V) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION; AND THE
DEATH OF ANOTHER PERSON HAS BEEN CAUSED DUE TO AN INCIDENT INVOLVING THE
MOTOR VEHICLE OPERATED BY SUCH PERSON.
  (B) EXCEPTIONS. AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE  IN
THE FIRST DEGREE SHALL NOT APPLY WHEN THE SUSPENSION WAS ISSUED PURSUANT
TO  (I)  SUBDIVISION  FOUR-E OF SECTION FIVE HUNDRED TEN OF THIS ARTICLE
DUE TO A SUPPORT ARREARS, OR (II) SUBDIVISION  FOUR-F  OF  SECTION  FIVE
HUNDRED TEN OF THIS ARTICLE DUE TO PAST-DUE TAX LIABILITIES.
  (C)  AGGRAVATED  UNLICENSED  OPERATION OF A MOTOR VEHICLE IN THE FIRST
DEGREE IS A CLASS 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
TWO THOUSAND DOLLARS; AND (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 AS PROVIDED IN SUBDI-
VISION SIX OF THIS SECTION, OR (IV) A TERM OF IMPRISONMENT AS  A  CONDI-
TION OF A SENTENCE OF PROBATION AS PROVIDED IN THE PENAL LAW.
  [4.  Defense.  In  any  prosecution under this section or section five
hundred eleven-a of this chapter, it is a defense that the person  oper-
ating  the motor vehicle has at the time of the offense a license issued
by a foreign  country,  state,  territory  or  federal  district,  which

S. 4649--A                          5

license  is  valid  for  operation  in this state in accordance with the
provisions of section two hundred fifty of this chapter.]
  5.  Limitation  on  pleas.  Where  an  accusatory instrument charges a
violation of this section, any plea of guilty entered in satisfaction of
such charge must include at least  a  plea  of  guilty  of  one  of  the
offenses  defined  by  this  section and no other disposition by plea of
guilty to any other charge in  satisfaction  of  such  charge  shall  be
authorized;  provided,  however,  that  if  the  district  attorney upon
reviewing the  available  evidence  determines  that  the  charge  of  a
violation  of  this  section is not warranted, he may set forth upon the
record the basis for such determination and consent to a disposition  by
plea of guilty to another charge in satisfaction of such charge, and the
court may accept such plea.
  6. Sentence of probation. In any case where a sentence of probation is
authorized  by this section, the court may in its discretion impose such
sentence, provided however, if the  court  is  of  the  opinion  that  a
program  of  alcohol  or drug treatment may be effective in assisting in
prevention of future offenses of a similar  nature  upon  imposing  such
sentence,  the  court  shall require as a condition of the sentence that
the defendant participate in such a program.
  7. Exceptions. When a person is convicted of a violation  of  subdivi-
sion  one or two of this section, and the suspension was issued pursuant
to (a) subdivision four-e of section five hundred ten  of  this  article
due  to  a  support  arrears,  or (b) subdivision four-f of section five
hundred ten of [the] THIS article due to past-due tax  liabilities,  the
mandatory  penalties set forth in subdivision one or two of this section
shall not be applicable if, on or before the return date  or  subsequent
adjourned  date, such person presents proof that such support arrears or
past-due tax liabilities have  been  satisfied  as  shown  by  certified
check,  notice  issued  by  the court ordering the suspension, or notice
from a support collection unit or department of taxation and finance  as
applicable.  The sentencing court shall take the satisfaction of arrears
or the payment of the past-due tax liabilities into account when  impos-
ing  a sentence for any such conviction. For licenses suspended for non-
payment of past-due tax liabilities, the  court  shall  also  take  into
consideration  proof,  in  the  form  of a notice from the department of
taxation and finance, that such person  has  made  payment  arrangements
that are satisfactory to the commissioner of taxation and finance.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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The New York State Senate

senate Bill S4649A

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

May 10, 2016 - floor Vote

Floor Vote: May 10, 2016

May 4, 2016 - Transportation committee Vote

Transportation Committee Vote: May 4, 2016

May 27, 2015 - floor Vote

Floor Vote: May 27, 2015

Apr 22, 2015 - Transportation committee Vote

Committee Vote: Apr 22, 2015

Bill Amendments

Co-Sponsors

S4649 - Details

S4649 - Summary

S4649 - Sponsor Memo

S4649 - Bill Text download pdf

Co-Sponsors

S4649A (ACTIVE) - Details

S4649A (ACTIVE) - Summary

S4649A (ACTIVE) - Sponsor Memo

S4649A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4649A

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Sponsored By

Jack M. Martins

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 10, 2016 - floor Vote

Floor Vote: May 10, 2016

May 4, 2016 - Transportation committee Vote

Transportation Committee Vote: May 4, 2016

May 27, 2015 - floor Vote

Floor Vote: May 27, 2015

Apr 22, 2015 - Transportation committee Vote

Committee Vote: Apr 22, 2015

Bill Amendments

Co-Sponsors

Tony Avella

S4649 - Details

S4649 - Summary

S4649 - Sponsor Memo

S4649 - Bill Text download pdf

Co-Sponsors

Tony Avella

Todd Kaminsky

S4649A (ACTIVE) - Details

S4649A (ACTIVE) - Summary

S4649A (ACTIVE) - Sponsor Memo

S4649A (ACTIVE) - Bill Text download pdf

Comments