What's happening
This bill lowers the number of prior license suspensions required to qualify for aggravated unlicensed operation in the first degree from ten to five.
Why it matters
Increases consequences for repeat offenders. By lowering the threshold from ten to five prior suspensions, more drivers with repeated violations will face the harsher penalties associated with aggravated unlicensed operation in the first degree, potentially deterring repeat offenses.
Targets chronic non-compliance. The change specifically addresses drivers who habitually fail to answer, appear in court, or pay fines, signaling a stricter approach toward individuals who repeatedly disregard basic traffic laws and court requirements.
Shifts prosecutorial and judicial focus. Law enforcement and courts may see an increase in aggravated charges for unlicensed operation, which could lead to higher fines, longer jail terms, or increased use of diversion programs, impacting workload and resource allocation.
Potential public safety impact. By making it easier to prosecute persistent violators as first-degree offenders, the amendment aims to keep chronically non-compliant and potentially dangerous drivers off the road, with possible benefits to overall road safety.
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Who cares
Headline styles
Toughen Repeat License Suspension Penalties
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to transportation
- 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.
Tougher Repeat License Suspension Rules
In Assembly Committee · Transportation · Sponsor Carl L. Marcellino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8713
2017-2018 Regular Sessions
IN ASSEMBLY
October 5, 2017
Introduced by M. of A. THIELE, MURRAY -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 3 of section 511 of the vehicle and traffic law, as amended by chapter 732 of the laws of 2006, subparagraph (iii) as amended and subparagraph (iv) as added by chapter 169 of the laws of 2013, is amended to read as follows:
(a) A person is guilty of the offense of aggravated unlicensed operation of a motor vehicle in the first degree when such person: (i) commits the offense of aggravated unlicensed operation of a motor vehicle in the second degree as provided in subparagraph (ii)[,] or (iii) [or (iv)] of paragraph (a) of subdivision two of this section and is operating a motor vehicle 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
(ii) 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 [ten] five or more suspensions, imposed on at least [ten] five separate dates for failure to answer, appear or pay a fine, pursuant to subdivision three of section two hundred twenty-six of this chapter or subdivision four-a of section five hundred ten of this article; or
(iii) 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 under permanent revocation as set forth in subparagraph twelve of paragraph (b) of subdivision two of section eleven hundred ninety-three of this chapter; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06015-01-7
A. 8713 2
(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.
§ 2. Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 2 of section 511 of the vehicle and traffic law, as amended by chapter 607 of the laws of 1993, are amended to read as follows:
(iii) the suspension was a mandatory suspension pending prosecution of a charge of a violation of section eleven hundred ninety-two of this chapter ordered pursuant to paragraph (e) of subdivision two of section eleven hundred ninety-three of this chapter or other similar statute[; or
(iv) such person has in effect three or more suspensions, imposed on at least three separate dates, for failure to answer, appear or pay a fine, pursuant to subdivision three of section two hundred twenty-six or subdivision four-a of section five hundred ten of this chapter].
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.