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S751Senate2013-2014 SessionSame asA2725

Relates to the offense of aggravated unlicensed operation of a motor vehicle in the first degree

Sponsor Charles J. Fuschillo Jr.SD-8+13 co-sponsorsAffects Transportation
Status
In Assembly Committee
Transportation
Impact
Pending
Passage
Pending

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Step 5 of 7

In Assembly · Transportation

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History

  1. Referred to transportation
  2. Delivered to assembly
  3. Passed senateVote 59–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.60
  7. Referred to transportation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A2725Assembly

Relates to the offense of aggravated unlicensed operation of a motor vehicle in the first degree

In Assembly Committee · Transportation · Sponsor Harvey Weisenberg

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S751

Title of bill

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

Purpose

To include operating a motor vehicle with a conditional license while intoxicated under the crime of aggravated unlicensed operation of a motor vehicle, a class E felony.

Summary of provisions

Section 1. Amends subparagraph (iii) of paragraph (a) of subdivision 3 of section 511 of the vehicle and traffic law by adding new subparagraph (iv)

Section 2. Effective date

Justification

The Legislature enacted VTL § 1196(7) to set forth the conditions under which a driver with a conditional license (issued after a DUI offense) can operate a vehicle. Any operation outside those conditions ennumerated in § 1196(7) is an infraction; a prohibition against driving while intoxicated or impaired is not an ennumerated condition. Section 511 of the VTL provides for penalties for persons driving with a suspended or revoked licenses; driving under the influence with a suspended of revoked license is class E felony. The Court of Appeals, in People v. Rivera (2010), found that though the privileges of a person with a conditional license remain suspended, that person is not driving with a suspended license for purposes of §511. The Court found instead that in adopting § 1196(7) the Legislature intended to set forth all conditions for driving with a conditional license. Therefore, a person who is granted the privilege of a conditional license faces a far lighter penalty for continuing to drive under the influence than does a person with a suspended license.

The sample set of facts below illustrates this disparity in charging:

Sample Facts: Two drivers are arrested for driving with a blood alcohol concentration of .12. Both are convicted of DWI and their licenses are revoked. Driver A receives the benefit of a conditional license. Driver B does not. One month later both drivers are stopped for Driving While Ability Impaired by Alcohol (DWAI) and both register a BAC of .07. If a conditional license terminates the revocation, the following disparity in charging occurs:

Driver A (Conditional) Driver B (No Conditional)

If DWAI (Traffic Infraction) If DWAI (Traffic Infraction)

Then Operating Outside the Then VTL §511(3)(a) (E FELONY) Conditional

VTL § 1196(7)(f) (Traffic Infraction)

Legislative history

2011:12: Passed the Senate (S.4177/A.6890)

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.