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History
- Referred to transportation
- Delivered to assembly
- Passed senateVote 59–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.60
- 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.
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.