Bill Text: NY S00382 | 2019-2020 | General Assembly | Introduced


Bill Title: Enacts "Charlotte's Law"; relates to the permanent termination of licenses of persistent vehicle and traffic law violators who have been convicted of certain violations three times in a 25 year period.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-09 - REFERRED TO TRANSPORTATION [S00382 Detail]

Download: New_York-2019-S00382-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           382
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law,  in  relation  to  enacting
          "Charlotte's Law" relating to the termination of driving privileges of
          persistent vehicle and traffic law violators
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be  cited  as  "Charlotte's
     2  Law".
     3    §  2. The article heading of article 20 of the vehicle and traffic law
     4  is amended to read as follows:
     5                      SUSPENSION [AND], REVOCATION AND
     6                                 TERMINATION
     7    § 3. The vehicle and traffic law is amended by adding  a  new  section
     8  510-e to read as follows:
     9    §  510-e.  Termination of driving privileges of persistent vehicle and
    10  traffic law violators. 1. Definition of persistent vehicle  and  traffic
    11  law  violator. A person is a persistent vehicle and traffic law violator
    12  if such person has been convicted  three  times,  within  the  preceding
    13  twenty-five years, of any combination of the following offenses:
    14    (a)  any offenses defined in section eleven hundred ninety-two of this
    15  chapter; or
    16    (b) any offense defined in section eleven hundred ninety-two-a of this
    17  chapter; or
    18    (c) any violation of subdivision (b) or (c) of section eleven  hundred
    19  forty-six of this chapter; or
    20    (d)  vehicular manslaughter in the second degree as defined in section
    21  125.12 of the penal law, vehicular manslaughter in the first  degree  as
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03847-01-9

        S. 382                              2
     1  defined  in  section  125.13  of  the penal law, or aggravated vehicular
     2  homicide as defined in section 125.14 of the penal law; or
     3    (e) manslaughter in the second degree as defined in subdivision one of
     4  section  125.15 of the penal law, or manslaughter in the first degree as
     5  defined by subdivision one of section 125.20 of the penal law, in  which
     6  the  death  was  caused by an offender's operation of a motor vehicle in
     7  violation of the provisions of this chapter.
     8    2.  Persistent vehicle and traffic law violator licenses  and  driving
     9  privileges shall be permanently terminated, including the driving privi-
    10  leges  of a non-resident operating a motor vehicle in this state and the
    11  privilege of an unlicensed person of obtaining a license issued  by  the
    12  commissioner.
    13    3.  The  judge  shall  issue  an  order  revoking and terminating such
    14  license upon conviction, and the license  holder  shall  surrender  such
    15  license to the court.
    16    4.  Nothing  contained  in  this  section shall prevent the court from
    17  imposing any other authorized disposition and nothing contained in  this
    18  section  shall  prohibit the imposition of a charge of any other offense
    19  set forth in this chapter or any other provision of  law  for  any  acts
    20  arising out of the same incident.
    21    § 4. Subdivision (e) of section 1146 of the vehicle and traffic law is
    22  relettered subdivision (f) and a new subdivision (e) is added to read as
    23  follows:
    24    (e) A violation of subdivision (b) or (c) of this section committed by
    25  a  person  who  has  previously  been convicted of any two violations of
    26  either or both of such subdivisions  within  the  preceding  twenty-five
    27  years shall constitute a class E felony punishable by a fine of not more
    28  than three thousand dollars, or by imprisonment as provided by the penal
    29  law or by any combination of such fine or imprisonment, and by permanent
    30  termination  of  driving  privileges, in addition to any other penalties
    31  provided by law.
    32    § 5. Subdivision 3 of section 511 of the vehicle and traffic  law,  as
    33  amended  by chapter 420 of the laws of 1989, paragraph (a) as amended by
    34  chapter 732 of the laws of 2006, subparagraph (iii) of paragraph (a)  as
    35  amended  and  subparagraph (iv) of paragraph (a) as added by chapter 169
    36  of the laws of 2013, and paragraph (b) as separately amended by chapters
    37  786 and 892 of the laws of 1990, is amended to read as follows:
    38    3. Aggravated unlicensed operation of a motor  vehicle  in  the  first
    39  degree.  (a)  A person is guilty of the offense of aggravated unlicensed
    40  operation of a motor vehicle in the first degree when such  person:  (i)
    41  commits  the offense of aggravated unlicensed operation of a motor vehi-
    42  cle in the second degree as provided in subparagraph (ii), (iii) or (iv)
    43  of paragraph (a) of subdivision two of this section and is  operating  a
    44  motor  vehicle  while  under  the  influence  of  alcohol  or  a drug in
    45  violation of subdivision one, two, two-a, three, four, four-a or five of
    46  section eleven hundred ninety-two of this chapter; or
    47    (ii) commits the offense of aggravated unlicensed operation of a motor
    48  vehicle in the third degree  as  defined  in  subdivision  one  of  this
    49  section;  and  is  operating  a  motor  vehicle while such person has in
    50  effect [ten] six or more suspensions, imposed  on  at  least  [ten]  six
    51  separate  dates for failure to answer, appear or pay a fine, pursuant to
    52  subdivision three of section two hundred twenty-six of this  chapter  or
    53  subdivision four-a of section five hundred ten of this article; or
    54    (iii)  commits  the  offense  of  aggravated unlicensed operation of a
    55  motor vehicle in the third degree as defined in subdivision one of  this
    56  section;  and is operating a motor vehicle while under permanent revoca-

        S. 382                              3
     1  tion as set forth in subparagraph twelve of paragraph (b) of subdivision
     2  two of section eleven hundred ninety-three of this chapter; or
     3    (iv)  operates  a  motor vehicle upon a public highway while holding a
     4  conditional license issued pursuant  to  paragraph  (a)  of  subdivision
     5  seven  of  section eleven hundred ninety-six of this chapter while under
     6  the influence of alcohol or a drug in violation of subdivision one, two,
     7  two-a, three, four, four-a or five of section eleven hundred  ninety-two
     8  of this chapter[.]; or
     9    (v)  operates a motor vehicle while under permanent termination as set
    10  forth in section five hundred ten-e of this article.
    11    (b) Aggravated unlicensed operation of a motor vehicle  in  the  first
    12  degree  is  a  class E felony. When a person is convicted of this crime,
    13  the sentence of the court must be: (i) a fine in an amount not less than
    14  five hundred dollars nor more than five thousand dollars; (ii) permanent
    15  termination as set forth in subparagraph  twelve  of  paragraph  (b)  of
    16  subdivision  two  of section eleven hundred ninety-three of this chapter
    17  and [(ii)] (iii) a term of imprisonment as provided in the penal law, or
    18  [(iii)] (iv) where  appropriate  and  a  term  of  imprisonment  is  not
    19  required by the penal law, a sentence of probation as provided in subdi-
    20  vision  six  of  this section, or [(iv)] (v) a term of imprisonment as a
    21  condition of a sentence of probation as provided in the penal law.
    22    § 6. This act shall take effect on the first of November next succeed-
    23  ing the date on which it shall have become a law.
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