NY State Senate Bill S4671

Current Bill Status - In Senate Committee Codes Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2023	reported and committed to codes
Feb 13, 2023	referred to transportation

Votes

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May 22, 2023 - Transportation committee Vote

S4671

committee

Aye

Nay

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Co-Sponsors

S4671 (ACTIVE) - Details

See Assembly Version of this Bill:: A3983
Current Committee:: Senate Codes
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§511 & 510, V & T L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8369
2017-2018: A1715
2019-2020: A6166, A8081
2021-2022: S7524, A6358

S4671 (ACTIVE) - Summary

Adds when a person commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree 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, to the crime of first degree aggravated unlicensed operation (AUO) of a motor vehicle.

S4671 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4671

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to first degree
aggravated unlicensed operation (AUO) of a motor vehicle

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill enacts "Angelica's Law." It decreases the number of prior
suspensions imposed for moving violations needed to qualify for aggra-
vated unlicensed operation in the first degree.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one adds a new element to first degree aggravated unlicensed
operation (ADO) of a motor vehicle, operating a motor vehicle on a
public highway while the driver knows or has reason to know that his or
her license, privilege to operate, or privilege of obtaining a license
to operate a motor vehicle is suspended revoked or otherwise withdrawn,
and they have in effect five or more suspensions or revocations follow-

ing convictions for moving violations.

Section two provides that persons convicted of ADO under the new element
would be subject to a class E felony, subject to a minimum $500, maximum
$5,000 fine and a term of imprisonment of a definite sentence not
exceeding two years, or where appropriate and a term of imprisonment is
not required under the penal law a sentence of probation, or a term of
imprisonment as a condition of a sentence of probation.

Section three requires the Department of Motor Vehicles to provide writ-
ten notice, in bold and conspicuous type, to persons whose license is
suspended or revoked four times that a fifth suspension or revocation
for a moving violation would subject them to a class E felony if they
were to be charged with first degree ADO under the element of having
five or more such suspensions or revocations in effect.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amendments relate to the type of suspensions, the penalties, a
mandatory notice to drivers, and applies to first degree ADO.

 
JUSTIFICATION:

This bill would enact "Angelica's Law." Angelica Nappi was tragically
killed by a driver in 2008 that was operating a vehicle with seven prior
suspensions.

New York State works hard to improve its traffic safety record, combin-
ing legislative action, enforcement, engineering, and public education.
However, motor vehicle crashes impose a terrible personal toll upon
individuals, families and communities, and remain a major public health
problem. The dangers posed by unlicensed drivers to pedestrians and
other motorists in New York State are well documented. Numerous prevent-
able deaths such as Angelica's have been caused by these drivers. These
drivers must be taken off the road.

 
PRIOR LEGISLATIVE HISTORY:
2021-22: A.6358-A/S.7524-A

2019-20: A.2516

2017-18: A.11041

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

S4671 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4671
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 Introduced  by  Sens.  THOMAS, MURRAY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation
 
 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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08771-01-3

 S. 4671                             2
 
 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.

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The New York State Senate

senate Bill S4671

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

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Votes

May 22, 2023 - Transportation committee Vote

Transportation Committee Vote: May 22, 2023

Co-Sponsors

S4671 (ACTIVE) - Details

S4671 (ACTIVE) - Summary

S4671 (ACTIVE) - Sponsor Memo

S4671 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4671

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Sponsored By

Kevin Thomas

Current Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

Votes

May 22, 2023 - Transportation committee Vote

Transportation Committee Vote: May 22, 2023

Co-Sponsors

Dean Murray

S4671 (ACTIVE) - Details

S4671 (ACTIVE) - Summary

S4671 (ACTIVE) - Sponsor Memo

S4671 (ACTIVE) - Bill Text download pdf

Comments