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S1187Senate2017-2018 SessionSame asA8713

Tougher Repeat License Suspension Rules

Official title

“Relates to the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree”

Sponsor Carl L. MarcellinoSD-5+1 co-sponsorAffects Transportation
Status
In Assembly Committee
Transportation
Impact
4/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Transportation

What's happening

This bill lowers the number of prior license suspensions from ten to five needed to qualify for aggravated unlicensed operation in the first degree.

Why it matters

  1. Expands eligibility for the most serious unlicensed driving charge. By reducing the threshold from ten to five prior suspensions, more drivers with repeated violations could face felony-level charges, potentially increasing the number of people prosecuted under this law.

  2. Signals a tougher stance on repeat offenders. The bill reflects a policy shift toward less tolerance for individuals who repeatedly ignore court orders or fail to resolve traffic violations, aiming to deter habitual non-compliance.

  3. May have equity and enforcement implications. Lowering the suspension threshold could disproportionately impact drivers who struggle to pay fines or navigate the legal process, raising concerns about fairness and the potential for increased criminalization of low-income individuals.

  4. Potential for increased court and correctional system workload. With more drivers eligible for aggravated unlicensed operation in the first degree, courts and correctional facilities could see an uptick in cases and sentences, affecting resource allocation.

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Who cares

Headline styles

Tougher Repeat License Suspension Rules

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Carl L. Marcellino

Senator · Senate District 5

Chair, Education

History

  1. Referred to transportation
  2. Delivered to assembly
  3. Passed senateVote 61–1
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.752
  7. Referred to transportation
  8. Returned to senate
  9. Died in assembly
  10. Referred to transportation
  11. Delivered to assembly
  12. Passed senateVote 61–1
Show 3 earlier actions
  1. Ordered to third reading cal.1850
  2. Committee discharged and committed to rules
  3. 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.

A8713Assembly

Toughen Repeat License Suspension Penalties

In Assembly Committee · Transportation · Sponsor Fred Thiele

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1187

2017-2018 Regular Sessions

IN SENATE

January 6, 2017

Introduced by Sen. MARCELLINO -- 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 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

S. 1187 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.

Sponsor's memo

Title of bill

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

Purpose

This bill decreases the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree from ten prior suspensions to five prior suspensions.

Summary of provisions

Section 511 (3)(a) of the Vehicle and Traffic Law, which is an element of aggravated unlicensed operation in the first degree, is amended to require five or more suspensions for failure to answer, appear, or pay a fine rather than ten or more separate suspensions.

Justification

Under this legislation a person may be prosecuted for aggravated unlicensed operation in the first degree when such person has five or more suspensions for failure to answer, appear, or pay a fine. Under current law the person must have had ten such suspensions to be prosecuted for aggravated unlicensed operation of a motor vehicle in the first degree. The dangers posed by unlicensed drivers to pedestrians and other motorists in New York State are well documented. Numerous deaths have been caused by these drivers.

Legislative history

S.729 of 2015/16

Fiscal implications

None.

Effective date

This act shall take effect on the first day of November next succeeding the date on which it shall have become law.

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