What's happening
This bill lowers the number of prior license suspensions required for aggravated unlicensed operation in the first degree from ten to five.
Why it matters
Increases Legal Risk for Repeat Offenders. By lowering the threshold from ten to five prior suspensions, this bill means more individuals with repeated license violations could face the state's harshest unlicensed driving charges, leading to stronger criminal penalties for behavior that previously might have resulted in lesser charges.
Public Safety Implications. The bill could deter people from repeatedly driving with a suspended license, as reaching the threshold for the most severe penalty happens sooner, potentially reducing the number of high-risk, unlicensed drivers on the road.
Administrative and Judicial Impact. Courts and law enforcement may see an uptick in first-degree aggravated unlicensed operation cases, which could require more judicial resources but also streamline the process of penalizing habitual offenders.
Repeal of Related Provision. The bill removes a particular legal provision (subparagraph iv of paragraph (a) of subdivision 2), which may simplify the statute and reflect a legislative intent to focus enforcement on those with multiple suspensions rather than other conditions previously specified.
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Who cares
Headline styles
Lower Suspensions for License Felony
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9557
IN ASSEMBLY
January 23, 2018
Introduced by M. of A. ENGLEBRIGHT -- 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; and to repeal subparagraph (iv) of paragraph (a) of subdivision 2 of section 511 of such law relating thereto
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
(iv) operates a motor vehicle upon a public highway while holding a conditional license issued pursuant to paragraph (a) of subdivision
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03862-01-7
A. 9557 2
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. Subparagraph (iv) of paragraph (a) of subdivision 2 of section 511 of the vehicle and traffic law is REPEALED.
§ 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.