NY State Senate Bill 2025-S5630

Current Bill Status - In Senate Committee Transportation 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2025	referred to transportation

2025-S5630 (ACTIVE) - Details

See Assembly Version of this Bill:: A800
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §511, V & T L

2025-S5630 (ACTIVE) - Summary

Provides that a person is guilty of aggravated unlicensed operation of a motor vehicle in the first degree when such person commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree and causes the death or serious physical injury of another person.

2025-S5630 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5630

SPONSOR: COONEY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a felony level sanction when an unlicensed individual commits
the crime of aggravated unlicensed operation of a motor vehicle in the
third degree, as defined in subdivision one of § 511 of the vehicle and
traffic law, and causes the death or serious physical injury of another
person.

 
SUMMARY OF PROVISIONS:

Adds a subparagraph (vi) to paragraph (a) of subdivision 3 of section
511 of the Vehicle and Traffic Law. The new subparagraph makes it a
class E felony to cause the death or serious physical injury of another
person while knowing or having reason to know they are operating a motor

vehicle with a suspended, revoked, or otherwise withdrawn license.
Section 2 of the bill clarifies that the new subparagraph (vi) would not
apply to suspensions or revocations pursuant to (a) subdivision four-e
of section five hundred ten of this article due to a support arrears or
(b) subdivision four-f of section five hundred ten of the article due to
past-due tax liabilities.

Section 3 of the bill provides the effective date.

 
JUSTIFICATION:

On Saturday April 6, 2019, in Rosedale, Queens, a 27 year old man was
crossing the street when he was killed by a driver of a motor vehicle
that failed to yield to a pedestrian with the right of way. This driver
should not have been on the road that day. His driver's license had been
revoked weeks earlier after he committed three speeding violations with-
in eighteen months. The driver had a long history of suspensions and
convictions based upon his dangerous driving record, including over 40
convictions for driving related offenses and 50 suspensions or revoca-
tions. Despite the lengthy, dangerous driving history and causing the
death of this pedestrian, the driver could only be charged with misde-
meanor level VTL § 511 and related infractions.

This legislation recognizes that drivers who operate a motor vehicle
while their license is suspended or revoked due to prior dangerous driv-
ing behavior create unnecessary risk to pedestrians, bicyclists, and
other motorists alike. This new provision will hold such drivers
accountable with stronger penalties and make our roads safer.  Dangerous
drivers with revoked or suspended licenses who cause serious physical
injury or death can now be held accountable with a more serious crime.
It would not apply to suspensions or revocations due to failure to pay
fines, support arrears or tax liabilities. It grants prosecutors broader
discretion to seek stiffer penalties for the aggravated unlicensed oper-
ation of a motor vehicle which results in someone's death or serious
physical injury.

 
PRIOR LEGISLATIVE HISTORY:
New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.

2025-S5630 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5630
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2025
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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  aggravated
   unlicensed operation of a motor vehicle in the first degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (v) of  paragraph  (a)  of  subdivision  3  of
 section  511  of the vehicle and traffic law, as added by chapter 722 of
 the laws of 2023, is amended and a new subparagraph  (vi)  is  added  to
 read as follows:
   (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
 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[.]; OR
   (VI) COMMITS THE OFFENSE OF AGGRAVATED UNLICENSED OPERATION OF A MOTOR
 VEHICLE IN THE THIRD DEGREE AS  PROVIDED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION;  AND  CAUSES  THE  DEATH  OR SERIOUS PHYSICAL INJURY OF ANOTHER
 PERSON.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00990-01-5
 S. 5630                             2

 
   § 2. Subdivision 7 of section 511 of the vehicle and traffic  law,  as
 amended  by  section  3  of part P of chapter 59 of the laws of 2013, is
 amended to read as follows:
   7.  Exceptions.  When a person is convicted of a violation of subdivi-
 sion one [or], two OR SUBPARAGRAPH (VI) OF PARAGRAPH (A) OF  SUBDIVISION
 THREE  of  this  section,  and the suspension was issued pursuant to (a)
 subdivision four-e of section five hundred ten of this article due to  a
 support  arrears,  or (b) subdivision four-f of section five hundred ten
 of the article due to past-due tax liabilities, the mandatory  penalties
 set forth in subdivision one [or], two OR SUBPARAGRAPH (VI) OF PARAGRAPH
 (A)  OF SUBDIVISION THREE of this section shall not be applicable if, on
 or before the return date or  subsequent  adjourned  date,  such  person
 presents  proof  that  such  support arrears or past-due tax liabilities
 have been satisfied as shown by certified check, notice  issued  by  the
 court  ordering the suspension, or notice from a support collection unit
 or department of taxation and  finance  as  applicable.  The  sentencing
 court shall take the satisfaction of arrears or the payment of the past-
 due  tax  liabilities into account when imposing a sentence for any such
 conviction. For licenses  suspended  for  non-payment  of  past-due  tax
 liabilities,  the court shall also take into consideration proof, in the
 form of a notice from the department of taxation and finance, that  such
 person  has  made  payment  arrangements  that  are  satisfactory to the
 commissioner of taxation and finance.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5630

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

2025-S5630 (ACTIVE) - Details

2025-S5630 (ACTIVE) - Summary

2025-S5630 (ACTIVE) - Sponsor Memo

2025-S5630 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5630

Share this bill

Sponsored By

Jeremy Cooney

Current Bill Status - In Senate Committee Transportation Committee

2025-S5630 (ACTIVE) - Details

2025-S5630 (ACTIVE) - Summary

2025-S5630 (ACTIVE) - Sponsor Memo

2025-S5630 (ACTIVE) - Bill Text download pdf

Comments