Reduces the classification of aggravated unlicensed operation of a motor vehicle in the third degree from a misdemeanor to a violation; adjusts the sentencing guidelines for such offense.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1338
SPONSOR: Buttenschon TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to reducing the
classification of aggravated unlicensed operation of a motor vehicle in
the third degree from a misdemeanor to a violation and adjusting the
sentencing guidelines for such offense
PURPOSE OR GENERAL IDEA OF BILL:
This bill would reduce the aggravated unlicensed operation of a motor
vehicle in the third degree from a misdemeanor to a violation.
SUMMARY OF PROVISIONS:
Section 1. Amends paragraph (b) of subdivision 1 of section 511 of the
vehicle and traffic law.
Section 3. Provides for an effective date.
JUSTIFICATION:
This legislation is intended to build upon the Driver's License Suspen-
sion Reform Act which ends the practice of suspending a driver's license
for the non-payment of fines and fees and for failure to appear in
court. A person is guilty of the offense of aggravated unlicensed opera-
tion of a motor vehicle in the third degree when they operate a motor
vehicle while knowing that their license is suspended or revoked.
Currently, if found guilty of the offense, the individual faces a misde-
meanor meaning they are not only left with fines and a potential for
imprisonment, but also a criminal record. This will impact them and
their families for the rest of their life. By lowering this to a
violation, individuals would still face a fine and/or up to 15 days in
jail, but would be able to avoid having a criminal record.
This legislation would not affect the sentencing of those convicted for
repeated aggravated unlicensed operation of a motor vehicle in the third
degree, those refusing to submit to chemical testing, who were convicted
of driving under the influence, and those who are charged with any
offense other than the aggravated unlicensed operation of a motor vehi-
cle in the third degree found in section 511 of the VTL.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A.1198 - Referred to Transportation
2019-2020: A.10981 - Referred to Transportation
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
1338
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to reducing the
classification of aggravated unlicensed operation of a motor vehicle
in the third degree from a misdemeanor to a violation and adjusting
the sentencing guidelines for such offense
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 511 of the vehi-
2 cle and traffic law, as amended by chapter 607 of the laws of 1993, is
3 amended to read as follows:
4 (b) Aggravated unlicensed operation of a motor vehicle in the third
5 degree is a [misdemeanor] violation. When a person is convicted of this
6 offense, the sentence of the court must be: (i) a fine of not less than
7 two hundred dollars nor more than five hundred dollars; or (ii) a term
8 of imprisonment of not more than [thirty] fifteen days; or (iii) both
9 such fine and imprisonment.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04917-01-3
