What's happening
This bill adds criminal penalties for causing serious injury or death while driving without a valid New York driver's license.
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Who cares
Headline styles
Toughen Unlicensed Driver Penalties
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
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.
Tougher Penalties for Unlicensed Drivers
In Assembly Committee · Codes · Sponsor Joseph Lentol
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
625
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. BOYLE -- 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 vehicular assault and vehicular manslaughter
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 120.03 of the penal law, as amended by chapter 732 of the laws of 2006, is amended and a new subdivision 4 is added to read as follows:
(3) operates a snowmobile in violation of paragraph (b), (c) or (d) of subdivision one of section 25.24 of the parks, recreation and historic preservation law or operates an all terrain vehicle as defined in paragraph (a) of subdivision one of section twenty-two hundred eighty-one of the vehicle and traffic law and in violation of subdivision two, three, four, or four-a of section eleven hundred ninety-two of the vehicle and traffic law, and as a result of such intoxication or impairment by the use of a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, operates such snowmobile or all terrain vehicle in a manner that causes such serious physical injury to such other person[.], or
(4) operates a motor vehicle without having been licensed to operate a motor vehicle in the state of New York, and while operating said motor vehicle causes serious physical injury to another person.
§ 2. Subdivisions 5 and 6 of section 125.13 of the penal law, subdivision 5 as amended and subdivision 6 as added by chapter 496 of the laws of 2009, are amended and a new subdivision 7 is added to read as follows:
(5) has previously been convicted of violating any provision of this article or article one hundred twenty of this title involving the operation of a motor vehicle, or was convicted in any other state or juris-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04383-01-9
S. 625 2
diction of an offense involving the operation of a motor vehicle which, if committed in this state, would constitute a violation of this article or article one hundred twenty of this title; [or]
(6) commits such crime while operating a motor vehicle while a child who is fifteen years of age or less is a passenger in such motor vehicle and causes the death of such child[.]; or
(7) operates a motor vehicle without having been licensed to operate a motor vehicle in the state of New York, and while operating said motor vehicle causes the death of another person.
§ 3. This act shall take effect on the one hundred twentieth day after 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 vehicu- lar assault and vehicular manslaughter
Summary of specific provisions
* Subdivision 3 of section 120.03 of the penal law as amended by Chapter 732 of the Laws of 2006 is amended and a new subdivision 4 is added. * Subdivision 5 and 6 of section 125.13 of the Penal Law, subdivision 5 as amended and subdivision 6 as added by Chapter 496 of the Laws of 2009 are amended and a new subdivision 7 is added.
Justification
Under current law if you commit certain vehicular assault crimes while your license is suspended there are increased penalties. However, if you never had a license and commit the same vehicular assault crimes there are no additional penalties. Someone who drives without ever having a valid license, and causes injury or death, should not be treated more leniently than someone who drives with a suspended licenses. To do so would encourage some individuals to never obtain a valid license.
Prior legislative history
2016: Referred to codes 01/04/17 REFERRED TO CODES 01/03/18 REFERRED TO CODES
Fiscal implications
none
Effective date
120th day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.