S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3028
 
                        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  increasing
   the  penalties  for aggravated unlicensed operation of a motor vehicle
   in the second and first degrees in certain cases

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (b) of subdivision 2 of section 511 of the vehi-
 cle 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
 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 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. 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] SEVEN HUNDRED FIFTY 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]  YEAR,  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.
   §  2. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00953-01-9
              

 A. 3028                             2
 
   (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]  TWENTY-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.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.