Bill Text: NY S03031 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to certain crimes related to the operation of a motor vehicle; establishes the crimes of persistent aggravated unlicensed operation of a motor vehicle and persistent driving while intoxicated or while ability impaired by drugs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-20 - RECOMMITTED TO RULES [S03031 Detail]
Download: New_York-2017-S03031-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3031--A 2017-2018 Regular Sessions IN SENATE January 19, 2017 ___________ Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to establishing the crimes of persistent aggravated unlicensed operation of a motor vehicle and persistent driving while intoxicated or while ability impaired by drugs, to increase the felony class of certain crimes related to the operation of a motor vehicle; to amend the vehicle and traffic law, in relation to certain civil penalties and aggravated unlicensed opera- tion of a motor vehicle; and to repeal certain provisions of the vehi- cle and traffic law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 270.40 to 2 read as follows: 3 § 270.40 Persistent aggravated unlicensed operation of a motor vehicle. 4 A person is guilty of the offense of persistent aggravated unlicensed 5 operation of a motor vehicle when such person: (1) commits the offense 6 of aggravated unlicensed operation of a motor vehicle in the third 7 degree as defined in subdivision one of section five hundred eleven of 8 the vehicle and traffic law; and is operating a motor vehicle while 9 under permanent revocation as set forth in subparagraph twelve of para- 10 graph (b) of subdivision two of section eleven hundred ninety-three of 11 the vehicle and traffic law; or (2) operates a motor vehicle upon a 12 public highway while holding a conditional license issued pursuant to 13 paragraph (a) of subdivision seven of section eleven hundred ninety-six 14 of the vehicle and traffic law while under the influence of alcohol or a 15 drug in violation of subdivision one, two, two-a, three, four, four-a or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08226-02-8S. 3031--A 2 1 five of section eleven hundred ninety-two of the vehicle and traffic 2 law. 3 Persistent aggravated unlicensed operation of a motor vehicle is a 4 class D felony. 5 § 2. Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 3 of 6 section 511 of the vehicle and traffic law are REPEALED. 7 § 3. The penal law is amended by adding a new section 270.45 to read 8 as follows: 9 § 270.45 Persistent driving while intoxicated or while ability impaired 10 by drugs. 11 A person is guilty of the offense of persistent driving while intoxi- 12 cated or while ability impaired by drugs when such person operates a 13 vehicle in violation of subdivision two, two-a, three, four or four-a of 14 section eleven hundred ninety-two of the vehicle and traffic law after 15 having been convicted of any violation of subdivision two, two-a, three, 16 four or four-a of such section or of vehicular assault in the second or 17 first degree, as defined, respectively, in sections 120.03 and 120.04 of 18 this part and aggravated vehicular assault as defined in section 19 120.04-a of this part or of vehicular manslaughter in the second or 20 first degree, as defined, respectively, in sections 125.12 and 125.13 21 and aggravated vehicular homicide as defined in section 125.14 of this 22 part, on three or more occasions, within the preceding fifteen years or 23 any combination of three or more of the offenses set forth in this 24 section within the preceding fifteen years. 25 Persistent driving while intoxicated or while ability impaired by 26 drugs is a class C felony. 27 § 4. Subparagraph 2 of paragraph (d) of subdivision 2 of section 1194 28 of the vehicle and traffic law, as amended by chapter 732 of the laws of 29 2006, is amended to read as follows: 30 (2) Civil penalties. Except as otherwise provided, any person whose 31 license, permit to drive, or any non-resident operating privilege is 32 revoked pursuant to the provisions of this section shall also be liable 33 for a civil penalty in the amount of five hundred dollars except that if 34 such revocation is a second or subsequent revocation pursuant to this 35 section issued within a five year period, or such person has been 36 convicted of a violation of any subdivision of section eleven hundred 37 ninety-two of this article within the past five years not arising out of 38 the same incident, the civil penalty shall be in the amount of [seven39hundred fifty] one thousand dollars. Any person whose license is revoked 40 pursuant to the provisions of this section based upon a finding of 41 refusal to submit to a chemical test while operating a commercial motor 42 vehicle shall also be liable for a civil penalty of five hundred fifty 43 dollars except that if such person has previously been found to have 44 refused a chemical test pursuant to this section while operating a 45 commercial motor vehicle or has a prior conviction of any of the follow- 46 ing offenses while operating a commercial motor vehicle: any violation 47 of section eleven hundred ninety-two of this article; any violation of 48 subdivision two of section six hundred of this chapter; or has a prior 49 conviction of any felony involving the use of a commercial motor vehicle 50 pursuant to paragraph (a) of subdivision one of section five hundred 51 ten-a of this chapter, then the civil penalty shall be [seven hundred52fifty] one thousand dollars. No new driver's license or permit shall be 53 issued, or non-resident operating privilege restored to such person 54 unless such penalty has been paid. All penalties collected by the 55 department pursuant to the provisions of this section shall be the prop-S. 3031--A 3 1 erty of the state and shall be paid into the general fund of the state 2 treasury. 3 § 5. Paragraph (b) of subdivision 3 of section 511 of the vehicle and 4 traffic law, as separately amended by chapters 786 and 892 of the laws 5 of 1990, is amended to read as follows: 6 (b) Aggravated unlicensed operation of a motor vehicle in the first 7 degree is a class E felony. When a person is convicted of this crime, 8 the sentence of the court must be: (i) a fine in an amount not less than 9 [five hundred] one thousand dollars nor more than five thousand dollars; 10 and (ii) a term of imprisonment as provided in the penal law, or (iii) 11 where appropriate and a term of imprisonment is not required by the 12 penal law, a sentence of probation as provided in subdivision six of 13 this section, or (iv) a term of imprisonment as a condition of a 14 sentence of probation as provided in the penal law. 15 § 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b) 16 of subdivision 2 of section 1193 of the vehicle and traffic law are 17 REPEALED and clause (f) is relettered clause (b). 18 § 7. The closing paragraph of section 125.13 of the penal law, as 19 amended by chapter 496 of the laws of 2009, is amended to read as 20 follows: 21 Vehicular manslaughter in the first degree is a class [C] B felony. 22 § 8. Paragraph (a) of subdivision 1 of section 70.02 of the penal law, 23 as amended by chapter 368 of the laws of 2015, is amended to read as 24 follows: 25 (a) Class B violent felony offenses: an attempt to commit the class 26 A-I felonies of murder in the second degree as defined in section 27 125.25, kidnapping in the first degree as defined in section 135.25, and 28 arson in the first degree as defined in section 150.20; manslaughter in 29 the first degree as defined in section 125.20, aggravated manslaughter 30 in the first degree as defined in section 125.22, rape in the first 31 degree as defined in section 130.35, criminal sexual act in the first 32 degree as defined in section 130.50, aggravated sexual abuse in the 33 first degree as defined in section 130.70, course of sexual conduct 34 against a child in the first degree as defined in section 130.75; 35 assault in the first degree as defined in section 120.10, kidnapping in 36 the second degree as defined in section 135.20, burglary in the first 37 degree as defined in section 140.30, arson in the second degree as 38 defined in section 150.15, robbery in the first degree as defined in 39 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of 40 subdivision five of section 230.34, incest in the first degree as 41 defined in section 255.27, criminal possession of a weapon in the first 42 degree as defined in section 265.04, criminal use of a firearm in the 43 first degree as defined in section 265.09, criminal sale of a firearm in 44 the first degree as defined in section 265.13, aggravated assault upon a 45 police officer or a peace officer as defined in section 120.11, gang 46 assault in the first degree as defined in section 120.07, aggravated 47 vehicular homicide as defined in section 125.14, intimidating a victim 48 or witness in the first degree as defined in section 215.17, hindering 49 prosecution of terrorism in the first degree as defined in section 50 490.35, criminal possession of a chemical weapon or biological weapon in 51 the second degree as defined in section 490.40, and criminal use of a 52 chemical weapon or biological weapon in the third degree as defined in 53 section 490.47. 54 § 9. The closing paragraph of section 120.03 of the penal law, as 55 amended by chapter 732 of the laws of 2006, is amended to read as 56 follows:S. 3031--A 4 1 Vehicular assault in the second degree is a class [E] D felony. 2 § 10. The closing paragraph of section 120.04 of the penal law, as 3 amended by chapter 496 of the laws of 2009, is amended to read as 4 follows: 5 Vehicular assault in the first degree is a class [D] C felony. 6 § 11. The closing paragraph of section 120.04-a of the penal law, as 7 amended by chapter 496 of the laws of 2009, is amended to read as 8 follows: 9 Aggravated vehicular assault is a class [C] B felony. 10 § 12. This act shall take effect on the first of November next 11 succeeding the date on which it shall have become a law.
