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Assembly Bill A2980

2019-2020 Legislative Session

Relates to aggravated unlicensed operation, gives judges discretion to impose lower sentences for second and third degree convictions

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2019-A2980 (ACTIVE) - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §511, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9199
2013-2014: A1421
2015-2016: A619
2017-2018: A1145

2019-A2980 (ACTIVE) - Summary

Relates to aggravated unlicensed operation; gives judges discretion to impose lower sentences for second and third degree convictions.

2019-A2980 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2980
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend 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. Paragraphs (b) and (c) of subdivision 1 of section  511  of
 the  vehicle and traffic law, paragraph (b) as amended by chapter 607 of
 the laws of 1993 and paragraph (c) as added by chapter 173 of  the  laws
 of 1990, are amended to read as follows:
   (b)  Aggravated  unlicensed  operation of a motor vehicle in the third
 degree is a misdemeanor. When a person is convicted of this offense, the
 sentence of the court [must] MAY be: (i) a fine of  not  less  than  two
 hundred  dollars  nor  more than five hundred dollars; or (ii) a term of
 imprisonment of not more than thirty days; or (iii) both such  fine  and
 imprisonment;  OR  (IV)  ANY  OTHER SENTENCE NOT TO EXCEED THE FOREGOING
 THAT, IN THE DISCRETION OF THE COURT, ADMINISTERS JUSTICE.
   (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] MAY  be:
 (i)  a  fine of not less than five hundred dollars nor more than fifteen
 hundred dollars; or (ii) a term of imprisonment of not more than  thirty
 days;  or  (iii)  both  such  fine  and  imprisonment; OR (IV) ANY OTHER
 SENTENCE NOT TO EXCEED THE FOREGOING THAT,  IN  THE  DISCRETION  OF  THE
 COURT, ADMINISTERS JUSTICE.
   §  2. Paragraph (b) of subdivision 2 of section 511 of the vehicle and
 traffic law, as amended by chapter 607 of the laws of 1993,  is  amended
 to read as follows:
   (b)  Aggravated  unlicensed operation of a motor vehicle in the second
 degree is a misdemeanor. When a person is convicted of this crime  under
 subparagraph  (i)  of paragraph (a) of this subdivision, the sentence of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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