S T A T E O F N E W Y O R K
________________________________________________________________________
7524--A
2021-2022 Regular Sessions
I N S E N A T E
November 17, 2021
___________
Introduced by Sen. THOMAS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Transportation 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 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.
LBD05807-05-2
S. 7524--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.