What's happening
This bill reduces the number of prior license suspensions from ten to five needed to qualify for aggravated unlicensed operation in the first degree.
Why it matters
Lowers the threshold for the most serious unlicensed driving offense. By reducing the number of prior suspensions from ten to five, this bill makes it easier for drivers with repeated license suspensions to be charged with the felony-level offense of aggravated unlicensed operation in the first degree, increasing potential legal consequences for repeat offenders.
Intended to deter repeat violations. With the risk of harsher penalties coming after fewer infractions, the legislation aims to discourage drivers from repeatedly ignoring court orders, failing to pay fines, or otherwise violating license-related rules.
Potential for broader prosecutorial reach. Law enforcement and prosecutors will have an expanded ability to pursue felony charges against individuals who accumulate five or more suspensions, which could lead to more frequent use of these serious charges in practice.
Impacts on justice system and individuals. The change could result in a higher number of felony prosecutions and convictions for unlicensed operation, affecting not just public safety but also the lives of those with multiple suspensions—many of whom may face barriers related to poverty or lack of access to legal help.
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Who cares
Drivers with multiple license suspensions
The bill would lower the first-degree aggravated unlicensed operation threshold from ten suspensions imposed on ten separate dates to five on five separate dates for failure to answer, appear or pay a fine.
Police and district attorneys
The bill would expand the suspension-based grounds for first-degree aggravated unlicensed operation and repeal one provision defining the second-degree offense.
Criminal defense attorneys
The bill would change which aggravated unlicensed operation charges their clients could face based on their suspension histories.
Headline styles
Lower Suspensions for Felony Driving
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4586
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
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 revoca-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08469-01-9
A. 4586 2
tion 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 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 and subparagraph (iii), as amended by chapter 607 of the laws of 1993, is 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].
§ 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.