S T A T E   O F   N E W   Y O R K
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                                 5341--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 16, 2011
                               ___________

Introduced by M. of A. KAVANAGH, REILLY, BARCLAY, COLTON, RAIA, SWEENEY,
  WEPRIN  --  Multi-Sponsored by -- M. of A. LIFTON, LINARES, McDONOUGH,
  SALADINO, WEISENBERG -- read once and referred  to  the  Committee  on
  Codes  --  recommitted  to  the  Committee on Codes 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 criminal procedure law and the vehicle  and  traffic
  law, in relation to 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:

  Section 1. Paragraph (d) of subdivision 1 of  section  160.10  of  the
criminal  procedure  law, as amended by chapter 232 of the laws of 2010,
is amended and a new paragraph (e) is added to read as follows:
  (d) Loitering for the purpose of engaging in a prostitution offense as
defined in subdivision two of section 240.37 of the penal law[.]; OR
  (E) AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE AS  DEFINED  IN
SECTION FIVE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW.
  S  2. Subdivision 11 of section 509 of the vehicle and traffic law, as
amended by section 3 of part C of chapter 62 of the  laws  of  2003,  is
amended to read as follows:
  11.  A  violation of any provision of this section shall be punishable
by a fine of not less than seventy-five  nor  more  than  three  hundred
dollars,  or  by imprisonment for not more than fifteen days, or by both
such fine and imprisonment except, if the violation consists of  failure
to  renew a license which was valid within sixty days, the fine shall be
not more than forty dollars, and except that a violation of  subdivision
[seven  or]  eight  of this section shall be punishable by a fine of not
more than seventy-five dollars.  EXCEPT AS OTHERWISE  PROVIDED  IN  THIS
SECTION,  A  PERSON  WHO  VIOLATES  THE PROVISIONS OF THIS SECTION AFTER
HAVING BEEN CONVICTED OF A VIOLATION OF THIS SECTION SHALL BE GUILTY  OF
A  MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED DOLLARS
AND NOT MORE THAN FIVE HUNDRED DOLLARS OR A SENTENCE OF IMPRISONMENT FOR
NOT MORE THAN ONE HUNDRED EIGHTY DAYS, OR BOTH SUCH FINE  AND  IMPRISON-
MENT.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07412-02-2

A. 5341--A                          2

  S  3. Paragraph (a) of subdivision 1 of section 511 of the vehicle and
traffic law, as amended by chapter 173 of the laws of 1990,  is  amended
to read as follows:
  (a)  A person is guilty of the offense of aggravated unlicensed opera-
tion of a motor vehicle in the third degree when such person operates  a
motor  vehicle  upon  a public highway while knowing or having reason to
know that such person's license or privilege  of  operating  such  motor
vehicle  in  this  state  or privilege of obtaining a license to operate
such motor vehicle issued by the commissioner is suspended,  revoked  or
otherwise  withdrawn by the commissioner, OR WHEN SUCH PERSON OPERATES A
MOTOR VEHICLE WITHOUT BEING  DULY  LICENSED  PURSUANT  TO  SECTION  FIVE
HUNDRED  TWO OF THIS TITLE AND SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED
FOR A VIOLATION OF SECTION FIVE HUNDRED NINE OF THIS  TITLE  WITHIN  THE
IMMEDIATELY  PRECEDING  EIGHTEEN  MONTHS.  FOR THE PURPOSE OF THIS PARA-
GRAPH, A PERSON WHO HAS IN EFFECT THREE OR MORE SUSPENSIONS  OR  REVOCA-
TIONS  OF  HIS OR HER LICENSE, IMPOSED ON AT LEAST THREE SEPARATE DATES,
SHALL BE PRESUMED TO KNOW THAT SUCH LICENSE WAS SUSPENDED OR REVOKED.
  S 4. Subdivisions 2 and 3 of section 511 of the  vehicle  and  traffic
law,  as  amended by chapter 420 of the laws of 1989, paragraphs (a) and
(b) of subdivision 2 as amended by chapter 607  of  the  laws  of  1993,
subparagraph  (ii) of paragraph (a) of subdivision 2 as amended by chap-
ter 196 of the laws of 1996, paragraph (a) of subdivision 3  as  amended
by  chapter  732 of the laws of 2006 and subparagraph (iii) of paragraph
(a) of subdivision 3 as amended by chapter 746 of the laws of  2006  and
paragraph (b) of subdivision 3 as separately amended by chapters 786 and
892 of the laws of 1990, are amended to read as follows:
  2.  Aggravated  unlicensed  operation of a motor vehicle in the second
degree. (a) A person is guilty of the offense of  aggravated  unlicensed
operation  of  a  motor  vehicle  in  the second degree when such person
commits the offense of aggravated unlicensed operation of a motor  vehi-
cle  in  the third degree as defined in subdivision one of this section;
and
  (i) has previously been convicted of an offense that  consists  of  or
includes  the elements comprising the offense committed within the imme-
diately preceding eighteen months; or
  (ii) the suspension or revocation is based upon a refusal to submit to
a chemical test pursuant to section eleven hundred ninety-four  of  this
chapter, a finding of driving after having consumed alcohol in violation
of  section  eleven  hundred  ninety-two-a  of  this  chapter  or upon a
conviction for a violation of any of the provisions  of  section  eleven
hundred ninety-two of this chapter; or
  (iii) the suspension was a mandatory suspension pending prosecution of
a  charge  of  a  violation of section eleven hundred ninety-two of this
chapter ordered pursuant to paragraph (e) of subdivision two of  section
eleven hundred ninety-three of this chapter or other similar statute; or
  (iv)  such  person has in effect three or more suspensions, imposed on
at least three separate dates, for failure to answer, appear  or  pay  a
fine, pursuant to subdivision three of section two hundred twenty-six or
subdivision four-a of section five hundred ten of this chapter; OR
  (V)  HAS PREVIOUSLY BEEN CONVICTED OF ANY OFFENSE INCLUDED UNDER ARTI-
CLE ONE HUNDRED SEVENTY OF THE PENAL LAW INVOLVING THE FALSIFICATION  OF
DEPARTMENT RECORDS; OR
  (VI) WHILE OPERATING A MOTOR VEHICLE, HE OR SHE COMMITS THE OFFENSE OF
RECKLESS  DRIVING  AS  DEFINED  IN SECTION TWELVE HUNDRED TWELVE OF THIS
CHAPTER.

A. 5341--A                          3

  (b) Aggravated unlicensed operation of a motor vehicle in  the  second
degree is a [misdemeanor] CLASS E FELONY.  When a person is convicted of
this  crime under subparagraph (i) of paragraph (a) of this subdivision,
the sentence of the court must be: (i) a fine  of  not  less  than  five
hundred  dollars NOR MORE THAN TWENTY-FIVE HUNDRED DOLLARS; [and] AND/OR
(ii) a term of imprisonment [not to exceed one hundred eighty  days;  or
(iii)  where appropriate a sentence of probation as provided in subdivi-
sion six of this section; or (iv) a term of imprisonment as a  condition
of  a  sentence of probation as provided in the penal law and consistent
with this section] AS PROVIDED IN THE PENAL  LAW.    When  a  person  is
convicted  of this crime under subparagraph (ii), (iii) or (iv) of para-
graph (a) of this subdivision, the sentence of the court must be: (i)  a
fine  of  not  less  than  five hundred dollars nor more than [one] FIVE
thousand dollars; [and] AND/OR (ii) a term of imprisonment [of not  less
than  seven  days  nor more than one hundred eighty days, or (iii) where
appropriate a sentence of probation as provided in  subdivision  six  of
this  section;  or  (iv)  a  term  of  imprisonment  as a condition of a
sentence of probation as provided in the penal law and  consistent  with
this section].
  3.  Aggravated  unlicensed  operation  of a motor vehicle in the first
degree. (a) A person is guilty of the offense of  aggravated  unlicensed
operation  of  a motor vehicle in the first degree when such person: (i)
commits the offense of aggravated unlicensed operation of a motor  vehi-
cle in the second degree as provided in subparagraph (ii), (iii) or (iv)
of  paragraph  (a) of subdivision two of this section and is operating a
motor vehicle while  under  the  influence  of  alcohol  or  a  drug  in
violation of subdivision one, two, two-a, three, four, four-a or five of
section eleven hundred ninety-two of this chapter; or
  (ii) commits the offense of aggravated unlicensed operation of a motor
vehicle  in  the  third  degree  as  defined  in subdivision one of this
section; and is operating a motor  vehicle  while  such  person  has  in
effect  [ten]  FIVE  or more suspensions, imposed on at least [ten] FIVE
separate dates for failure to answer, appear or pay a fine, pursuant  to
subdivision  three  of section two hundred twenty-six of this chapter or
subdivision four-a of section five hundred ten of this article; or
  (iii) commits the offense of  aggravated  unlicensed  operation  of  a
motor  vehicle in the third degree as defined in subdivision one of this
section; and is operating a motor vehicle while under permanent  revoca-
tion as set forth in subparagraph twelve of paragraph (b) of subdivision
two of section eleven hundred ninety-three of this chapter[.]; OR
  (IV)  HAS PREVIOUSLY BEEN CONVICTED OF AGGRAVATED UNLICENSED OPERATION
OF A MOTOR VEHICLE IN THE SECOND DEGREE WITHIN THE IMMEDIATELY PRECEDING
TEN YEARS.
  (b) Aggravated unlicensed operation of a motor vehicle  in  the  first
degree  is  a  class  [E]  D  felony. When a person is convicted of this
crime, the sentence of the court must be: (i) a fine in  an  amount  not
less  than [five] SEVEN hundred FIFTY dollars nor more than [five] SEVEN
thousand FIVE HUNDRED dollars; [and] AND/OR (ii) a term of  imprisonment
as  provided in the penal law[, or (iii) where appropriate and a term of
imprisonment is not required by the penal law, a sentence  of  probation
as provided in subdivision six of this section, or (iv) a term of impri-
sonment  as  a  condition  of a sentence of probation as provided in the
penal law].
  S 5. This act shall take effect immediately.