Adds when a person commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree and is operating a motor vehicle while such person has in effect five or more suspensions or revocations, imposed on at least five separate dates, to the crime of first degree aggravated unlicensed operation (AUO) of a motor vehicle.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6358A
SPONSOR: Thiele TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to first degree
aggravated unlicensed operation (AUO) of a motor vehicle
PURPOSE OR GENERAL IDEA OF BILL:
This bill enacts "Angelica's Law." It decreases the number of prior
suspensions imposed for moving violations needed to qualify for aggra-
vated unlicensed operation in the first degree.
SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new element to first degree aggravated unlicensed
operation (AUO) of a motor vehicle, operating a motor vehicle on a
public highway while the driver knows or has reason to know that his or
her license, privilege to operate, or privilege of obtaining a license
to operate a motor vehicle is suspended revoked or otherwise withdrawn,
and they have in effect five or more suspensions or revocations follow-
ing convictions for moving violations.
Section two provides that persons convicted of AUO under the new element
would be subject to a class E felony, subject to a minimum $500, maximum
$5,000 fine and a term of imprisonment of a definite sentence not
exceeding two years, or where appropriate and a term of imprisonment is
not required under the penal law a sentence of probation, or a term of
imprisonment as a condition of a sentence of probation.
Section three requires the Department of Motor Vehicles to provide writ-
ten notice, in bold and conspicuous type, to persons whose license is
suspended or revoked four times that a fifth suspension or revocation
for a moving violation would subject them to a class E felony if they
were to be charged with first degree ADO under the element of having
five or more such suspensions or revocations in effect.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amendments relate to the type of suspensions, the penalties, a
mandatory notice to drivers, and applies to first degree AUO.
JUSTIFICATION:
This bill would enact "Angelica's Law." Angelica Nappi was tragically
killed by a driver in 2008 that was operating a vehicle with seven prior
suspensions.
New York State works hard to improve its traffic safety record, combin-
ing legislative action, enforcement, engineering, and public education.
However, motor vehicle crashes impose a terrible personal toll upon
individuals, families and communities, and remain a major public health
problem. The dangers posed by unlicensed drivers to pedestrians and
other motorists in New York State are well documented. Numerous prevent-
able deaths such as Angelica's have been caused by these drivers. These
drivers must be taken off the road.
PRIOR LEGISLATIVE HISTORY:
2019-20: A.2516
2017-18: A.11041
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
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.
STATE OF NEW YORK
________________________________________________________________________
6358--A
2021-2022 Regular Sessions
IN ASSEMBLY
March 16, 2021
___________
Introduced by M. of A. THIELE, DeSTEFANO -- read once and referred to
the Committee on Transportation -- recommitted to the Committee on
Transportation in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the vehicle and traffic law, in relation to first degree
aggravated unlicensed operation (AUO) of a motor vehicle
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Angelica's law".
3 § 2. Subparagraph (iv) of paragraph (a) of subdivision 3 of section
4 511 of the vehicle and traffic law, as added by chapter 169 of the laws
5 of 2013, is amended and a new subparagraph (v) is added to read as
6 follows:
7 (iv) operates a motor vehicle upon a public highway while holding a
8 conditional license issued pursuant to paragraph (a) of subdivision
9 seven of section eleven hundred ninety-six of this chapter while under
10 the influence of alcohol or a drug in violation of subdivision one, two,
11 two-a, three, four, four-a or five of section eleven hundred ninety-two
12 of this chapter[.]; or
13 (v) commits the offense of aggravated unlicensed operation of a motor
14 vehicle in the third degree as defined in subdivision one of this
15 section; and is operating a motor vehicle while such person has in
16 effect five or more suspensions or revocations, imposed on at least five
17 separate dates, pursuant to subparagraph (i), (iii), (iv), (v), (vi),
18 (vii), (viii), (x), (xi), (xii), or (xiii) of paragraph a of subdivision
19 two of section five hundred ten of this article, or subparagraph (i),
20 (xiii), (xiv), (xv), (xvi), or (xvii) of paragraph b, or paragraph d of
21 such subdivision, or paragraph a, b, d, e, or g relating to evading
22 lawful arrest or prosecution while operating a motor vehicle or motorcy-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05807-04-2
A. 6358--A 2
1 cle, or paragraph i of subdivision three of section five hundred ten of
2 this article, or paragraph (c), (d), or (e) of subdivision one or subdi-
3 vision three of section five hundred ten-a of this article, or section
4 five hundred ten-b of this article, or section five hundred ten-c of
5 this article, or subdivision two of section eleven hundred ninety-three
6 of this chapter.
7 § 3. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
8 traffic law, as separately amended by chapters 786 and 892 of the laws
9 of 1990, is amended to read as follows:
10 (b) Aggravated unlicensed operation of a motor vehicle in the first
11 degree is a class E felony. When a person is convicted of this crime,
12 the sentence of the court must be: (i) a fine in an amount not less than
13 five hundred dollars nor more than five thousand dollars; and (ii) a
14 term of imprisonment as provided in the penal law except that where a
15 person is convicted of this crime under subparagraph (v) of paragraph
16 (a) of this subdivision, any term of imprisonment imposed for a
17 violation of this section shall be a definite sentence, which may not
18 exceed two years, or (iii) where appropriate and a term of imprisonment
19 is not required by the penal law, a sentence of probation as provided in
20 subdivision six of this section, or (iv) a term of imprisonment as a
21 condition of a sentence of probation as provided in the penal law.
22 § 4. Subdivision 7 of section 510 of the vehicle and traffic law is
23 amended by adding a new closing paragraph to read as follows:
24 The commissioner shall provide written notice, in a conspicuous, bold
25 type, to all persons having four license suspensions or revocations,
26 where a fifth license suspension or revocation could result in a charge
27 of aggravated unlicensed operation in the first degree pursuant to
28 subparagraph (v) of paragraph (a) of subdivision three of section five
29 hundred eleven of this article, that a fifth such suspension or revoca-
30 tion would subject any person charged under such subparagraph (v) to a
31 class E felony with a definite sentence which may not exceed two years.
32 § 5. This act shall take effect on the first of November next succeed-
33 ing the date on which it shall have become a law.
