Assembly Bill A7420

2019-2020 Legislative Session

Relates to the penalty for aggravated unlicensed operation of a motor vehicle in the third degree

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A7420 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §511, V & T L
Versions Introduced in 2021-2022 Legislative Session:
A4711

2019-A7420 (ACTIVE) - Summary

Relates to the penalty for aggravated unlicensed operation of a motor vehicle in the third degree; reduces the classification of such offense from an unclassified misdemeanor to a traffic infraction; and limits sentencing of a person convicted of such offense to monetary fines.

2019-A7420 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7420
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 1, 2019
                                ___________
 
 Introduced  by M. of A. WALCZYK -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  decriminal-
   izing  the offense of aggravated unlicensed operation of a motor vehi-
   cle in the third degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings.  Each year, thousands of motorists
 across the state of New York are charged with the unclassified misdemea-
 nor of aggravated unlicensed operation of a motor vehicle in  the  third
 degree.  Many  of  the  motorists  charged with such offense do not have
 knowledge of their original license suspension. A person  must  know  or
 have  reason to know that such person's license is suspended, revoked or
 otherwise withdrawn to be charged with such offense. As  a  misdemeanor,
 any  person charged with such offense faces the potential for incarcera-
 tion. Due to the threat  of  incarceration,  alleged  offenders  require
 assignment of counsel under county plans for indigent defense, utilize a
 significant  amount  of law enforcement resources for court appearances,
 and require greater attention  and  resources  from  local  prosecutors.
 Decriminalization of the offense of aggravated unlicensed operation of a
 motor vehicle in the third degree would allow for offenders to be penal-
 ized  for  their  actions  while reducing the burden on county and state
 employees who are a part of the prosecution and defense of  such  offen-
 ders.
   §  2.  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] TRAFFIC INFRACTION. When a person is convicted
 of  this offense, the sentence of the court must be[: (i)] a fine of not

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

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