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A06358 Summary:

BILL NOA06358A
 
SAME ASSAME AS S07524-A
 
SPONSORThiele
 
COSPNSRDeStefano, Englebright, Griffin
 
MLTSPNSR
 
Amd 511 & 510, V & T L
 
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.
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A06358 Actions:

BILL NOA06358A
 
03/16/2021referred to transportation
01/05/2022referred to transportation
05/04/2022amend (t) and recommit to transportation
05/04/2022print number 6358a
05/10/2022reported referred to codes
05/23/2022reported referred to rules
05/31/2022reported
05/31/2022rules report cal.451
05/31/2022ordered to third reading rules cal.451
05/31/2022passed assembly
05/31/2022delivered to senate
05/31/2022REFERRED TO TRANSPORTATION
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A06358 Memo:

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privilege to operate, or privilege of obtaining a license to operate a motor vehicle is suspended revoked or otherwise withdrawn, and they have in effect five or more suspensions or revocations follow- ing convictions for moving violations.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.
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A06358 Text:



 
                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.
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