What's happening
This bill creates new felony offenses for persistent aggravated unlicensed driving and persistent DWI, and increases penalties for related motor vehicle crimes in New York.
Why it matters
Establishes harsher penalties for repeat offenders. By introducing new felony charges for persistent aggravated unlicensed operation and persistent DWI, the bill targets individuals with a demonstrated pattern of high-risk driving behavior, aiming to deter repeat offenses and address public safety concerns.
Increases the severity of existing vehicular crimes. The bill upgrades the felony class for several motor vehicle-related offenses, such as vehicular assault and manslaughter, meaning longer potential prison sentences and greater legal consequences for those convicted.
Raises financial penalties for certain violations. Civil penalties for license revocations and aggravated unlicensed operation are significantly increased, reflecting a tougher stance on dangerous driving and potentially serving as a stronger financial deterrent.
Closes loopholes and strengthens legal tools. By repealing outdated statutory language and refining definitions, the bill clarifies and strengthens the law, making prosecution of persistent and serious offenders more straightforward for law enforcement and the courts.
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Who cares
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Increase Penalties for Dangerous Driving
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
161
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crimes of persistent aggravated unlicensed operation of a motor vehicle and persistent driving while intoxicated or while ability impaired by drugs, to increase the felony class of certain crimes related to the operation of a motor vehicle; to amend the vehicle and traffic law, in relation to certain civil penalties and aggravated unlicensed operation of a motor vehicle; and to repeal certain provisions of the vehicle and traffic law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 270.40 to read as follows: § 270.40 Persistent aggravated unlicensed operation of a motor vehicle.
A person is guilty of the offense of persistent aggravated unlicensed operation of a motor vehicle when such person: (1) commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of section five hundred eleven of the vehicle and traffic law; 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 the vehicle and traffic law; or (2) 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 the vehicle and traffic law 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 the vehicle and traffic law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04919-01-9
S. 161 2
Persistent aggravated unlicensed operation of a motor vehicle is a class D felony.
§ 2. Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 3 of section 511 of the vehicle and traffic law are REPEALED.
§ 3. The penal law is amended by adding a new section 270.45 to read as follows: § 270.45 Persistent driving while intoxicated or while ability impaired
by drugs.
A person is guilty of the offense of persistent driving while intoxicated or while ability impaired by drugs when such person operates a vehicle in violation of subdivision two, two-a, three, four or four-a of section eleven hundred ninety-two of the vehicle and traffic law after having been convicted of any violation of subdivision two, two-a, three, four or four-a of such section or of vehicular assault in the second or first degree, as defined, respectively, in sections 120.03 and 120.04 of this part and aggravated vehicular assault as defined in section 120.04-a of this part or of vehicular manslaughter in the second or first degree, as defined, respectively, in sections 125.12 and 125.13 and aggravated vehicular homicide as defined in section 125.14 of this part, on three or more occasions, within the preceding fifteen years or any combination of three or more of the offenses set forth in this section within the preceding fifteen years.
Persistent driving while intoxicated or while ability impaired by drugs is a class C felony.
§ 4. Subparagraph 2 of paragraph (d) of subdivision 2 of section 1194 of the vehicle and traffic law, as amended by chapter 732 of the laws of 2006, is amended to read as follows:
(2) Civil penalties. Except as otherwise provided, any person whose license, permit to drive, or any non-resident operating privilege is revoked pursuant to the provisions of this section shall also be liable for a civil penalty in the amount of five hundred dollars except that if such revocation is a second or subsequent revocation pursuant to this section issued within a five year period, or such person has been convicted of a violation of any subdivision of section eleven hundred ninety-two of this article within the past five years not arising out of the same incident, the civil penalty shall be in the amount of [seven hundred fifty] one thousand dollars. Any person whose license is revoked pursuant to the provisions of this section based upon a finding of refusal to submit to a chemical test while operating a commercial motor vehicle shall also be liable for a civil penalty of five hundred fifty dollars except that if such person has previously been found to have refused a chemical test pursuant to this section while operating a commercial motor vehicle or has a prior conviction of any of the following offenses while operating a commercial motor vehicle: any violation of section eleven hundred ninety-two of this article; any violation of subdivision two of section six hundred of this chapter; or has a prior conviction of any felony involving the use of a commercial motor vehicle pursuant to paragraph (a) of subdivision one of section five hundred ten-a of this chapter, then the civil penalty shall be [seven hundred fifty] one thousand dollars. No new driver's license or permit shall be issued, or non-resident operating privilege restored to such person unless such penalty has been paid. All penalties collected by the department pursuant to the provisions of this section shall be the property of the state and shall be paid into the general fund of the state treasury.
S. 161 3
§ 5. Paragraph (b) of subdivision 3 of section 511 of the vehicle and traffic law, as separately amended by chapters 786 and 892 of the laws of 1990, is amended to read as follows:
(b) Aggravated unlicensed operation of a motor vehicle in the first degree is a class E felony. When a person is convicted of this crime, the sentence of the court must be: (i) a fine in an amount not less than [five hundred] one thousand dollars nor more than five thousand dollars; and (ii) a term of imprisonment as provided in the penal law, or (iii) where appropriate and a term of imprisonment is not required by the penal law, a sentence of probation as provided in subdivision six of this section, or (iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law.
§ 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b) of subdivision 2 of section 1193 of the vehicle and traffic law are REPEALED and clause (f) is relettered clause (b).
§ 7. The closing paragraph of section 125.13 of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows:
Vehicular manslaughter in the first degree is a class [C] B felony.
§ 8. Paragraph (a) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 189 of the laws of 2018, is amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, sex trafficking as defined in paragraphs (a) and (b) of subdivision five of section 230.34, sex trafficking of a child as defined in section 230.34-a, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first degree as defined in section 265.04, criminal use of a firearm in the first degree as defined in section 265.09, criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a police officer or a peace officer as defined in section 120.11, gang assault in the first degree as defined in section 120.07, aggravated vehicular homicide as defined in section 125.14, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47.
§ 9. The closing paragraph of section 120.03 of the penal law, as amended by chapter 732 of the laws of 2006, is amended to read as follows:
Vehicular assault in the second degree is a class [E] D felony.
S. 161 4
§ 10. The closing paragraph of section 120.04 of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows:
Vehicular assault in the first degree is a class [D] C felony.
§ 11. The closing paragraph of section 120.04-a of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows:
Aggravated vehicular assault is a class [C] B felony.
§ 12. 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 penal law, in relation to establishing the crimes of persistent aggravated unlicensed operation of a motor vehicle and persistent driving while intoxicated or while ability impaired by drugs, to increase the felony class of certain crimes related to the operation of a motor vehicle; to amend the vehicle and traffic law, in relation to certain civil penalties and aggravated unlicensed operation of a motor vehicle; and to repeal certain provisions of the vehicle and traffic law relating thereto
Purpose
To provide additional penalties for persistent offenders of DWI and DWAI laws and to establish the crimes of persistent aggravated unlicensed operation of a motor vehicle, persistent driving while intoxicated and persistent driving while impaired by a single or combination of drugs offender.
Summary of specific provisions
§ 1. The penal law is amended by adding new section 270.40 to establish the crime of persistent aggravated unlicensed operation of a motor vehi- cle which provides that any person guilty of such crime shall be guilt of a class D felony. This new section of the Penal Law increases penal- ties for drivers who habitually operate motor vehicles with suspended or revoked licenses arising out of alcohol or drug incidents.
Read the full memo (824 words)
§ 2. § 511(3)(a)(iii) and § 511(3)(a)(iv) of the vehicle and traffic law is repealed.
§ 3. The penal law is amended by adding new section 270.45, which estab- lishes the new crime of persistent driving while intoxicated while abil- ity impaired by drugs which shall be a class C felony. This new section of the penal law increases prison sentences and penalties for drivers who are convicted of habitually operating motor vehicles under the influence of alcohol or drugs and have three or more previous DWI or DWAI convictions within the last fifteen years.
§ 4. § 1194(2)(d)(2) of the vehicle and traffic law is amended to increase the applicable civil penalties and fines.
§ 5. § 511(3)(b) of the vehicle and traffic law is amended to increase the applicable civil penalties and fines
§ 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b)of subdivision 2 of section 1193 of the vehicle and traffic law are repealed and clause (f) is relettered clause (b).
§ 7. § 125.13 of the penal law is amended to increase vehicular manslaughter to a class B felony.
§ 8. § 70.02(1)(a) of the penal law is amended to include aggravated vehicular homicide as a class B violent felony offense.
§ 9. § 120.03 of the penal law is amended to increase vehicular assault in the second degree from a class E felony, to a class D felony.
§ 10. § 120.04 of the penal law is amended to increase vehicular assault in the first degree from a class D felony, to a class C felony.
§ 11. § 120.04-a of the penal law is amended to increase aggravated vehicular assault from a class C felony, to a class B felony.
§ 12. Effective date.
Justification
Driving while intoxicated (DWI) or under the influence of drugs (DWAI) are serious crimes that can result in grievous injuries or death. Enhanced DWI and DWAI laws that treat these crimes as public safety issues are required to protect innocent citizens. This Bill provides enhanced civil penalties and revocations for repeat DWI and DWAI offen- ders, and provide prosecutors with new tools, and charges in the Public Safety chapters of the Penal Law to combat repeated DWI and DWAI offen- ders as well as those who persistently operate motor vehicles under license suspension or revocation due to previous DWI and DWAI offenses.
The Institute for Traffic Safety Management and Research issued a report in 2011 indicating that approximately 21.6% of convicted drunk drivers in New York will re-offend and suffer a subsequent conviction. As some of the most dangerous drivers on our roads, this tendency of convictedò DWI offenders to re-offend significantly increases the likelihood that their driving drunk will result in serious injuries or death to innocent victims.
Stephen Hilyer II, of Waterloo, New York is one such innocent victim. Mr. Hilyer was struck and killed by a truck driven by John Smith a multiple convicted DWI offender. Smith had a criminal history that included 7 arrests for DWI spanning 1977-2006.
This legislation provides significant enhancement of prison sentences for persistent DWI offenders and additional penalties such as permanent revocation of license and increased fines. DWI and DWAI are crimes that require these severe penalties for persistent offenders to keep them off our roads.
Prior legislative history
2018: S.3031 referred to Rules 2017: S.3031 passed Senate 2015-2016: S.4583 referred to Codes 2014: S.7049 passed Senate
Fiscal implications
None.
Effective date
The first of November next succeeding the date on which it shall become law. Each conviction qualifying as a predicate, prior offense, or trig- gering conviction must take place after the effective date of this act.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.