Bill Text: NY A03279 | 2019-2020 | General Assembly | Introduced

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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) 2020-07-14 - enacting clause stricken [A03279 Detail]

Download: New_York-2019-A03279-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3279
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        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
    24  term of imprisonment of not less than  seven  days  nor  more  than  one
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00954-01-9
        A. 3279                             2
     1  hundred  eighty days, or (iii) where appropriate a sentence of probation
     2  as provided in subdivision six of this section; or (iv) a term of impri-
     3  sonment as a condition of a sentence of probation  as  provided  in  the
     4  penal  law and consistent with this section; or (v) a term of service to
     5  the community of not less than seven days  nor  more  than  one  hundred
     6  eighty days.
     7    § 2. This act shall take effect immediately.