S T A T E O F N E W Y O R K
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4649--A
Cal. No. 390
2015-2016 Regular Sessions
I N S E N A T E
April 1, 2015
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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the commissioner is suspended, revoked or otherwise withdrawn by the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
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(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
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(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
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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.
