Assembly Bill A6358A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6358--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2021
                                ___________
 
 Introduced  by  M.  of A. THIELE, DeSTEFANO -- read once and referred to
   the Committee on Transportation -- recommitted  to  the  Committee  on
   Transportation in accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the vehicle and traffic law, in relation to first degree
   aggravated unlicensed operation (AUO) of a motor vehicle
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Angelica's law".
   §  2.  Subparagraph  (iv) of paragraph (a) of subdivision 3 of section
 511 of the vehicle and traffic law, as added by chapter 169 of the  laws
 of  2013,  is  amended  and  a  new subparagraph (v) is added to read as
 follows:
   (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
   (V) COMMITS THE OFFENSE OF AGGRAVATED UNLICENSED OPERATION OF A  MOTOR
 VEHICLE  IN  THE  THIRD  DEGREE  AS  DEFINED  IN SUBDIVISION ONE OF THIS
 SECTION; AND IS OPERATING A MOTOR  VEHICLE  WHILE  SUCH  PERSON  HAS  IN
 EFFECT FIVE OR MORE SUSPENSIONS OR REVOCATIONS, IMPOSED ON AT LEAST FIVE
 SEPARATE  DATES,  PURSUANT  TO SUBPARAGRAPH (I), (III), (IV), (V), (VI),
 (VII), (VIII), (X), (XI), (XII), OR (XIII) OF PARAGRAPH A OF SUBDIVISION
 TWO OF SECTION FIVE HUNDRED TEN OF THIS ARTICLE,  OR  SUBPARAGRAPH  (I),
 (XIII),  (XIV), (XV), (XVI), OR (XVII) OF PARAGRAPH B, OR PARAGRAPH D OF
 SUCH SUBDIVISION, OR PARAGRAPH A, B, D, E,  OR  G  RELATING  TO  EVADING
 LAWFUL ARREST OR PROSECUTION WHILE OPERATING A MOTOR VEHICLE OR MOTORCY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05807-04-2
              

 A. 6358--A                          2
 
 CLE,  OR PARAGRAPH I OF SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN OF
 THIS ARTICLE, OR PARAGRAPH (C), (D), OR (E) OF SUBDIVISION ONE OR SUBDI-
 VISION THREE OF SECTION FIVE HUNDRED TEN-A OF THIS ARTICLE,  OR  SECTION
 FIVE  HUNDRED  TEN-B  OF  THIS ARTICLE, OR SECTION FIVE HUNDRED TEN-C OF
 THIS ARTICLE, OR SUBDIVISION TWO OF SECTION ELEVEN HUNDRED  NINETY-THREE
 OF THIS CHAPTER.
   §  3. 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  dollars  nor  more than five thousand dollars; and (ii) a
 term of imprisonment as provided in the penal law EXCEPT  THAT  WHERE  A
 PERSON  IS  CONVICTED  OF THIS CRIME UNDER SUBPARAGRAPH (V) OF PARAGRAPH
 (A) OF  THIS  SUBDIVISION,  ANY  TERM  OF  IMPRISONMENT  IMPOSED  FOR  A
 VIOLATION  OF  THIS  SECTION SHALL BE A DEFINITE SENTENCE, WHICH MAY NOT
 EXCEED TWO YEARS, 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. Subdivision 7 of section 510 of the vehicle and  traffic  law  is
 amended by adding a new closing paragraph to read as follows:
   THE  COMMISSIONER SHALL PROVIDE WRITTEN NOTICE, IN A CONSPICUOUS, BOLD
 TYPE, TO ALL PERSONS HAVING FOUR  LICENSE  SUSPENSIONS  OR  REVOCATIONS,
 WHERE  A FIFTH LICENSE SUSPENSION OR REVOCATION COULD RESULT IN A CHARGE
 OF AGGRAVATED UNLICENSED OPERATION  IN  THE  FIRST  DEGREE  PURSUANT  TO
 SUBPARAGRAPH  (V)  OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE
 HUNDRED ELEVEN OF THIS ARTICLE, THAT A FIFTH SUCH SUSPENSION OR  REVOCA-
 TION  WOULD  SUBJECT ANY PERSON CHARGED UNDER SUCH SUBPARAGRAPH (V) TO A
 CLASS E FELONY WITH A DEFINITE SENTENCE WHICH MAY NOT EXCEED TWO YEARS.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.