S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3031--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 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  or  while  ability  impaired  by
   drugs,  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  opera-
   tion of a motor vehicle; and to repeal certain provisions of the vehi-
   cle 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:
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08226-02-8
              

 S. 3031--A                          2
 
 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.
   § 2. Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 3 of
 section 511 of the vehicle and traffic law are REPEALED.
   § 3. The penal law is amended by adding a new section 270.45  to  read
 as follows:
 §  270.45 PERSISTENT DRIVING WHILE INTOXICATED OR WHILE ABILITY IMPAIRED
            BY DRUGS.
   A PERSON IS GUILTY OF THE OFFENSE OF PERSISTENT DRIVING WHILE  INTOXI-
 CATED  OR  WHILE  ABILITY  IMPAIRED BY DRUGS WHEN SUCH PERSON OPERATES A
 VEHICLE IN VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR FOUR-A OF
 SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC  LAW  AFTER
 HAVING BEEN CONVICTED OF ANY VIOLATION OF SUBDIVISION TWO, TWO-A, THREE,
 FOUR  OR FOUR-A OF SUCH SECTION OR OF VEHICULAR ASSAULT IN THE SECOND OR
 FIRST DEGREE, AS DEFINED, RESPECTIVELY, IN SECTIONS 120.03 AND 120.04 OF
 THIS PART  AND  AGGRAVATED  VEHICULAR  ASSAULT  AS  DEFINED  IN  SECTION
 120.04-A  OF  THIS  PART  OR  OF VEHICULAR MANSLAUGHTER IN THE SECOND OR
 FIRST DEGREE, AS DEFINED, RESPECTIVELY, IN SECTIONS  125.12  AND  125.13
 AND  AGGRAVATED  VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14 OF THIS
 PART, ON THREE OR MORE OCCASIONS, WITHIN THE PRECEDING FIFTEEN YEARS  OR
 ANY  COMBINATION  OF  THREE  OR  MORE  OF THE OFFENSES SET FORTH IN THIS
 SECTION WITHIN THE PRECEDING FIFTEEN YEARS.
   PERSISTENT DRIVING WHILE INTOXICATED  OR  WHILE  ABILITY  IMPAIRED  BY
 DRUGS IS A CLASS C FELONY.
   §  4. Subparagraph 2 of paragraph (d) of subdivision 2 of section 1194
 of the vehicle and traffic law, as amended by chapter 732 of the laws of
 2006, is amended to read as follows:
   (2) Civil penalties. Except as otherwise provided,  any  person  whose
 license,  permit  to  drive,  or any non-resident operating privilege is
 revoked pursuant to the provisions of this section shall also be  liable
 for a civil penalty in the amount of five hundred dollars except that if
 such  revocation  is  a second or subsequent revocation pursuant to this
 section issued within a five  year  period,  or  such  person  has  been
 convicted  of  a  violation of any subdivision of section eleven hundred
 ninety-two of this article within the past five years not arising out of
 the same incident, the civil penalty shall be in the  amount  of  [seven
 hundred fifty] ONE THOUSAND dollars. Any person whose license is revoked
 pursuant  to  the  provisions  of  this  section based upon a finding of
 refusal to submit to a chemical test while operating a commercial  motor
 vehicle  shall  also be liable for a civil penalty of five hundred fifty
 dollars except that if such person has previously  been  found  to  have
 refused  a  chemical  test  pursuant  to  this section while operating a
 commercial motor vehicle or has a prior conviction of any of the follow-
 ing offenses while operating a commercial motor vehicle:  any  violation
 of  section  eleven hundred ninety-two of this article; any violation of
 subdivision two of section six hundred of this chapter; or has  a  prior
 conviction of any felony involving the use of a commercial motor vehicle
 pursuant  to  paragraph  (a)  of subdivision one of section five hundred
 ten-a of this chapter, then the civil penalty shall  be  [seven  hundred
 fifty]  ONE THOUSAND dollars. No new driver's license or permit shall be
 issued, or non-resident operating  privilege  restored  to  such  person
 unless  such  penalty  has  been  paid.  All  penalties collected by the
 department pursuant to the provisions of this section shall be the prop-

 S. 3031--A                          3
 
 erty of the state and shall be paid into the general fund of  the  state
 treasury.
   §  5. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
 traffic law, as separately amended by chapters 786 and 892 of  the  laws
 of 1990, is amended to read as follows:
   (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
 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] ONE THOUSAND 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.
   § 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b)
 of  subdivision  2  of  section  1193 of the vehicle and traffic law are
 REPEALED and clause (f) is relettered clause (b).
   § 7. The closing paragraph of section 125.13  of  the  penal  law,  as
 amended  by  chapter  496  of  the  laws  of 2009, is amended to read as
 follows:
   Vehicular manslaughter in the first degree is a class [C] B felony.
   § 8. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
 as amended by chapter 368 of the laws of 2015, is  amended  to  read  as
 follows:
   (a)  Class  B  violent felony offenses: an attempt to commit the class
 A-I felonies of murder in  the  second  degree  as  defined  in  section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson  in the first degree as defined in section 150.20; manslaughter in
 the first degree as defined in section 125.20,  aggravated  manslaughter
 in  the  first  degree  as  defined in section 125.22, rape in the first
 degree as defined in section 130.35, criminal sexual act  in  the  first
 degree  as  defined  in  section  130.50, aggravated sexual abuse in the
 first degree as defined in section  130.70,  course  of  sexual  conduct
 against  a  child  in  the  first  degree  as defined in section 130.75;
 assault in the first degree as defined in section 120.10, kidnapping  in
 the  second  degree  as defined in section 135.20, burglary in the first
 degree as defined in section 140.30,  arson  in  the  second  degree  as
 defined  in  section  150.15,  robbery in the first degree as defined in
 section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
 subdivision  five  of  section  230.34,  incest  in  the first degree as
 defined in section 255.27, criminal possession of a weapon in the  first
 degree  as  defined  in section 265.04, criminal use of a firearm in the
 first degree as defined in section 265.09, criminal sale of a firearm in
 the first degree as defined in section 265.13, aggravated assault upon a
 police officer or a peace officer as defined  in  section  120.11,  gang
 assault  in  the  first  degree as defined in section 120.07, AGGRAVATED
 VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14, intimidating  a  victim
 or  witness  in the first degree as defined in section 215.17, hindering
 prosecution of terrorism in the  first  degree  as  defined  in  section
 490.35, criminal possession of a chemical weapon or biological weapon in
 the  second  degree  as defined in section 490.40, and criminal use of a
 chemical weapon or biological weapon in the third degree as  defined  in
 section 490.47.
   §  9.  The  closing  paragraph  of section 120.03 of the penal law, as
 amended by chapter 732 of the laws  of  2006,  is  amended  to  read  as
 follows:

 S. 3031--A                          4

   Vehicular assault in the second degree is a class [E] D felony.
   §  10.  The  closing  paragraph of section 120.04 of the penal law, as
 amended by chapter 496 of the laws  of  2009,  is  amended  to  read  as
 follows:
   Vehicular assault in the first degree is a class [D] C felony.
   §  11.  The closing paragraph of section 120.04-a of the penal law, as
 amended by chapter 496 of the laws  of  2009,  is  amended  to  read  as
 follows:
   Aggravated vehicular assault is a class [C] B felony.
   §  12.  This  act  shall  take  effect  on  the first of November next
 succeeding the date on which it shall have become a law.