Bill Text: NY A00514 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to adding community service to sentences for second and third degree aggravated unlicensed operation of a motor vehicle.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A00514 Detail]

Download: New_York-2015-A00514-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          514
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by M. of A. GANTT -- read once and referred to the Committee
         on Transportation
       AN ACT to amend the vehicle and  traffic  law,  in  relation  to  adding
         community  service to sentences for second and third degree aggravated
         unlicensed operation 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. Paragraph (b) of subdivision 1 and paragraph (b) of subdi-
    2  vision 2 of section 511 of the vehicle and traffic law,  as  amended  by
    3  chapter 607 of the laws of 1993, are amended to read as follows:
    4    (b)  Aggravated  unlicensed  operation of a motor vehicle in the third
    5  degree is a misdemeanor. When a person is convicted of this offense, the
    6  sentence of the court must be: (i) a fine of not less than  two  hundred
    7  dollars  nor more than five hundred dollars; or (ii) a term of imprison-
    8  ment of not more than thirty days; or (iii) both such fine and imprison-
    9  ment; OR (IV) A TERM OF SERVICE TO THE COMMUNITY NOT  TO  EXCEED  THIRTY
   10  DAYS.
   11    (b)  Aggravated  unlicensed operation of a motor vehicle in the second
   12  degree is a misdemeanor. When a person is convicted of this crime  under
   13  subparagraph  (i)  of paragraph (a) of this subdivision, the sentence of
   14  the court must be: (i) a fine of not less than five hundred dollars; and
   15  (ii) a term of imprisonment not to exceed one hundred  eighty  days;  or
   16  (iii)  where appropriate a sentence of probation as provided in subdivi-
   17  sion six of this section; or (iv) a term of imprisonment as a  condition
   18  of  a  sentence of probation as provided in the penal law and consistent
   19  with this section; OR (V) A TERM OF SERVICE  TO  THE  COMMUNITY  NOT  TO
   20  EXCEED  ONE  HUNDRED  EIGHTY  DAYS.   When a person is convicted of this
   21  crime under subparagraph (ii), (iii) or (iv) of paragraph  (a)  of  this
   22  subdivision,  the  sentence of the court must be: (i) a fine of not less
   23  than five hundred dollars nor more than one thousand dollars; and (ii) a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02927-01-5
       A. 514                              2
    1  term of imprisonment of not less than  seven  days  nor  more  than  one
    2  hundred  eighty days, or (iii) where appropriate a sentence of probation
    3  as provided in subdivision six of this section; or (iv) a term of impri-
    4  sonment  as  a  condition  of a sentence of probation as provided in the
    5  penal law and consistent with this section; OR (V) A TERM OF SERVICE  TO
    6  THE  COMMUNITY  OF  NOT  LESS  THAN SEVEN DAYS NOR MORE THAN ONE HUNDRED
    7  EIGHTY DAYS.
    8    S 2. This act shall take effect immediately.
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