What's happening
Charlotte's Law permanently terminates driving privileges for repeat offenders convicted of serious vehicle and traffic law violations within 25 years.
Why it matters
Significantly raises the stakes for repeat dangerous driving offenses. by creating a new “persistent vehicle and traffic law violator” category, targeting those convicted of serious offenses (like DUI, vehicular manslaughter, and repeat negligent driving) three times in 25 years.
Imposes lifetime loss of driving privileges. for offenders meeting this definition, expanding the current system of suspensions and revocations to include permanent termination—meaning affected individuals can never legally drive in New York again, nor reapply for a license.
Expands penalties for repeat dangerous driving. by elevating certain repeated traffic offenses (such as failing to yield resulting in injury/death) to felony status with mandatory permanent loss of driving privileges, in addition to fines and possible imprisonment.
Closes loopholes and increases enforcement. by lowering the number of unpaid fines or failures to appear needed for “aggravated unlicensed operation” from ten to six, and by clarifying that out-of-state drivers and unlicensed drivers will also face permanent prohibition from driving in New York after qualifying convictions.
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History
- Referred to transportation
- Referred to transportation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
382
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. TEDISCO -- 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 enacting "Charlotte's Law" relating to the termination of driving privileges of persistent vehicle and traffic law violators
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as "Charlotte's Law".
§ 2. The article heading of article 20 of the vehicle and traffic law is amended to read as follows:
SUSPENSION [AND], REVOCATION AND
TERMINATION
§ 3. The vehicle and traffic law is amended by adding a new section 510-e to read as follows:
§ 510-e. Termination of driving privileges of persistent vehicle and traffic law violators. 1. Definition of persistent vehicle and traffic law violator. A person is a persistent vehicle and traffic law violator if such person has been convicted three times, within the preceding twenty-five years, of any combination of the following offenses:
(a) any offenses defined in section eleven hundred ninety-two of this chapter; or
(b) any offense defined in section eleven hundred ninety-two-a of this chapter; or
(c) any violation of subdivision (b) or (c) of section eleven hundred forty-six of this chapter; or
(d) vehicular manslaughter in the second degree as defined in section 125.12 of the penal law, vehicular manslaughter in the first degree as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03847-01-9
S. 382 2
defined in section 125.13 of the penal law, or aggravated vehicular homicide as defined in section 125.14 of the penal law; or
(e) manslaughter in the second degree as defined in subdivision one of section 125.15 of the penal law, or manslaughter in the first degree as defined by subdivision one of section 125.20 of the penal law, in which the death was caused by an offender's operation of a motor vehicle in violation of the provisions of this chapter.
2. Persistent vehicle and traffic law violator licenses and driving privileges shall be permanently terminated, including the driving privileges of a non-resident operating a motor vehicle in this state and the privilege of an unlicensed person of obtaining a license issued by the commissioner.
3. The judge shall issue an order revoking and terminating such license upon conviction, and the license holder shall surrender such license to the court.
4. Nothing contained in this section shall prevent the court from imposing any other authorized disposition and nothing contained in this section shall prohibit the imposition of a charge of any other offense set forth in this chapter or any other provision of law for any acts arising out of the same incident.
§ 4. Subdivision (e) of section 1146 of the vehicle and traffic law is relettered subdivision (f) and a new subdivision (e) is added to read as follows:
(e) A violation of subdivision (b) or (c) of this section committed by a person who has previously been convicted of any two violations of either or both of such subdivisions within the preceding twenty-five years shall constitute a class E felony punishable by a fine of not more than three thousand dollars, or by imprisonment as provided by the penal law or by any combination of such fine or imprisonment, and by permanent termination of driving privileges, in addition to any other penalties provided by law.
§ 5. Subdivision 3 of section 511 of the vehicle and traffic law, as amended by chapter 420 of the laws of 1989, paragraph (a) as amended by chapter 732 of the laws of 2006, subparagraph (iii) of paragraph (a) as amended and subparagraph (iv) of paragraph (a) as added by chapter 169 of the laws of 2013, and paragraph (b) as separately amended by chapters 786 and 892 of the laws of 1990, is amended to read as follows:
3. Aggravated unlicensed operation of a motor vehicle in the first degree. (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), (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] six or more suspensions, imposed on at least [ten] six 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-
S. 382 3
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[.]; or
(v) operates a motor vehicle while under permanent termination as set forth in section five hundred ten-e of this article.
(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 dollars nor more than five thousand dollars; (ii) permanent termination as set forth in subparagraph twelve of paragraph (b) of subdivision two of section eleven hundred ninety-three of this chapter and [(ii)] (iii) a term of imprisonment as provided in the penal law, or [(iii)] (iv) 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)] (v) a term of imprisonment as a condition of a sentence of probation as provided in the penal law.
§ 6. 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 enacting "Charlotte's Law" relating to the termination of driving privileges of persistent vehicle and traffic law violators
Purpose
The purpose of this legislation is to revoke all driving privileges of an individual convicted of a combination of three or more DWI/EMI's, causing fatal or personal injury in the course of an accident, in their driving history, will have all their privileges to drive or own a vehi- cle in New York State permanently terminated and would result in a felo- ny conviction and fine up to one year in prison and $5,000 fine.
Summary of provisions
Section 1: Establishes this act to be known as "Charlottes Law".
Read the full memo (791 words)
Section 2: Amends the title of Article 20 of the Vehicle and Traffic Law to state "suspension, revocation, and termination."
Section 3: Creates a new provision of the vehicle and traffic law to provide for the permanent revocation of the driving privileges of "persistent vehicle and traffic law violators." This provision defines a "persistent vehicle and traffic law violator" as one who has been convicted of any combination of three designated offenses within the previous 25 years.
Those designated offenses include: any driving while intoxicated and/or impaired offenses; the offenses in S 1146 regarding lack of care while operating a motor vehicle, which causes injury or serious injury; all degrees of the vehicular manslaughter/homicide offenses; manslaughter in the 1st or 2nd degree where such manslaughter is caused by the operation of a motor vehicle in violation of the vehicle and traffic law. This section required surrender of the license at such time. Further, this section allows for any authorized disposition and for the imposition of any other charges by any other provisions of law.
Section 4: In section 1146 of Vehicle and Traffic Law a violation of subdivision (b) or (c) of this section will be punishable by a class E felony, a fine of no more than $3,000, or imprisonment as provided by penal law.
Section 5: Reduces the number of suspensions (and the number of separate dates for those suspensions) from ten to six, which would make one eligible to be charged with aggravated unlicensed operation of a motor vehicle in the first degree. This section also adds the operation of a motor vehicle while under permanent revocation as a basis for the charge of aggravated unlicensed operation of a motor vehicle in the first degree. Further, this section requires permanent revocation of the license as an additional penalty for aggravated unlicensed operation of a motor vehicle in the first degree.
Section 6: Provides for an effective date of November 1, next succeeding enactment.
Existing law
Current law does not allow for such strict guidelines for those commit- ting these specific crimes against pedestrians and cyclists.
Additionally, this Act creates incarceration, revocation of driving with these strict guidelines, it deterrents will reduce the number of a more severe punishment than privileges and vehicle ownership is expected that additional traffic violations and accidents.
Justification
Charlotte Gallo, a senior from Schenectady, New York, was killed by a truck speeding through an intersection near Proctor's Theatre on January 2, 2010. Charlotte was leaving Proctors after a night of volunteering for the organization. The individual driving the truck had a long histo- ry of being a persistent violator of vehicle and traffic laws including a previous accident resulting in personal injury. Another Schenectady woman has been charged with a DWI eight times, and recently received another conviction, and after jail time, she will be able to operate a motor vehicle upon leaving incarceration.
These "chronic reckless drivers" are a danger to the public and need to understand that their actions have consequences, and these consequences should not only be the people they hurt, but the punishment they receive. When an individual places the lives of those around them in danger, the penalty for doing so should be harsh so that these people do not recommit this crime. If they chose to do so, New York State should take steps in assuring that it never happens again.
Driving is a privilege and not a right. Those who are so cavalier as to repeatedly break the law through their dangerous driving should no long- er be given the privilege of driving in New York.
Legislative history
01/15/15: S.1867 REFERRED TO TRANSPORTATION 01/06/16: S.1867 REFERRED TO TRANSPORTATION 01/13/17: S.2426 REFERRED TO TRANSPORTATION 01/03/18: S.2426 REFERRED TO TRANSPORTATION
Local fiscal implications
To be determined, though, strict enforcement of penalties and fines will create additional revenues for municipalities.
Effective date
This act shall take effect on the first 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.