What's happening
This bill makes it a felony to drive without a valid license if it causes someone's death.
Why it matters
Expands criminal liability statewide. This bill applies to anyone driving without a valid license anywhere in New York State, meaning its impact is not limited to a specific city or region and could affect drivers in both urban and rural areas.
Targets unlicensed and improperly permitted drivers. The legislation covers those driving with a suspended/revoked license, in violation of a learner's permit, or with conditional/restricted licenses—significantly broadening who could face felony charges if involved in a fatal incident.
Introduces mandatory penalties and felony status. By making this crime a class E felony and requiring both a minimum fine and prison time, the bill marks a substantial increase in penalties compared to current law, aiming to deter unlicensed driving and provide harsher consequences when it results in death.
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Who cares
Victims’ Families and Road Safety Advocates
Individuals and organizations concerned with traffic fatalities will care about this bill, as it creates a new felony charge for unlicensed drivers who cause a death, aiming to deter dangerous unlicensed driving.
Unlicensed and Restricted License Drivers
People currently driving without a valid license, or those on learner’s permits, conditional, or restricted licenses, will be directly affected, facing severe new penalties if involved in a fatal incident.
Law Enforcement and Prosecutors
Police and district attorneys will care as this bill provides a clearer, stronger legal tool to charge and seek enhanced penalties in fatal crashes involving unlicensed drivers.
Defense Attorneys and Criminal Justice Reformers
Legal advocates and reform organizations will care about the potential impacts on sentencing, incarceration, and whether the new felony charge is equitable and effective.
Headline styles
New Crime for Unlicensed Deaths
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10511
IN SENATE
May 15, 2026
Introduced by Sen. MARTINEZ -- 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 establishing the crime of aggravated unlicensed operation of a motor vehicle resulting in death
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "Bryant Ortiz act".
§ 2. The section heading of section 511 of the vehicle and traffic law, as added by chapter 756 of the laws of 1985, is amended and a new subdivision 3-a is added to read as follows:
Operation while license or privilege is suspended or revoked; aggravated unlicensed operation; aggravated unlicensed operation of a motor vehicle resulting in death.
3-a. Aggravated unlicensed operation of a motor vehicle resulting in death. (a) A person is guilty of the offense of aggravated unlicensed operation of a motor vehicle resulting in death when such person operates a motor vehicle upon a public highway without a valid license or in violation of the conditions of a learner's permit or any other limited driving privilege, including conditional and restricted use licenses, and in the course of such unlawful operation commits a traffic infraction or engages in negligent operation of a motor vehicle, and such operation results in the death of another person.
(b) Aggravated unlicensed operation of a motor vehicle resulting in death 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; and (ii) a term of imprisonment as provided in the penal law for a class E felony.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15754-02-6
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 establishing the crime of aggravated unlicensed operation of a motor vehicle result- ing in death
Purpose
To establish enhanced criminal penalties in cases where an individual unlawfully operating a motor vehicle, including outside the conditions of a learner's permit or other restricted driving privilege, engages in negligent or unlawful driving conduct and a fatality occurs.
Summary of provisions
Section 1. Provides that this act shall be known as the "Bryant Ortiz act".
Section 2. Amends section 511 of the vehicle and traffic law by amending the section heading and adding new section 3-a to create the offense of aggravated unlicensed operation of a motor vehicle resulting in death. Establishes that a person is guilty of such offense when they operate a motor vehicle without a valid license or in violation of the conditions of a learner's permit or other limited driving privilege, and in the course of such unlawful operation commits a traffic infraction or engages in negligent operation of a motor vehicle, resulting in the death of another person. The offense shall constitute a class E felony.
Section 3. Is the enacting clause.
Justification
This legislation is in honor of Bryant Ortiz, a 32-year old EMT from Brentwood who was tragically killed in a motorcycle crash in Suffolk County in 2024, involving an adult driver who was operating a vehicle outside the conditions of a learner's permit at the time of the inci- dent. Bryant served his community through both the Bay Shore Brightwa- ters Rescue Ambulance and the Brentwood Legion Ambulance and was widely remembered for his dedication to helping others.
Under current law, aggravated unlicensed operation offenses largely focus on drivers with suspended or revoked licenses. This bill seeks to address the gap where unlawful operation under a learner's permit or other restricted driving privilege, combined with negligent operation or another traffic infraction, leads to the death of another person. This legislation strengthens accountability for unlawful and dangerous vehi- cle operation in cases involving drivers operating outside lawful driv- ing privileges and helps ensure greater accountability in cases involv- ing preventable loss of life.
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which 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.