S T A T E   O F   N E W   Y O R K
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                                 6341--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2013
                               ___________

Introduced  by  M.  of  A.  TEDISCO, BUTLER, RAIA, MONTESANO, McDONOUGH,
  RIVERA, KATZ, HAWLEY  --  Multi-Sponsored  by  --  M.  of  A.  CROUCH,
  McLAUGHLIN,  MILLER,  TENNEY,  THIELE -- read once and referred to the
  Committee on Transportation -- recommitted to the Committee on  Trans-
  portation  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 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:

  Section 1. This act shall be known and may be  cited  as  "Charlotte's
Law".
  S  2. The article heading of article 20 of the vehicle and traffic law
is amended to read as follows:

                    SUSPENSION [AND], REVOCATION AND
                               TERMINATION

  S 3. The vehicle and traffic law is amended by adding  a  new  section
510-d to read as follows:
  S  510-D.  TERMINATION OF DRIVING PRIVILEGES OF PERSISTENT VEHICLE AND
TRAFFIC LAW VIOLATORS. 1. DEFINITION OF PERSISTENT VEHICLE  AND  TRAFFIC
LAW  VIOLATOR. A PERSON IS A PERSISTENT VEHICLE AND TRAFFIC LAW VIOLATOR
IF SUCH PERSON HAS BEEN CONVICTED  THREE  TIMES,  WITHIN  THE  PRECEDING
TWENTY-FIVE YEARS, OF ANY COMBINATION OF THE FOLLOWING OFFENSES:
  (A)  ANY OFFENSES DEFINED IN SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
CHAPTER; OR
  (B) ANY OFFENSE DEFINED IN SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS
CHAPTER; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07893-02-4
              

A. 6341--A                          2

  (C) ANY VIOLATION OF SUBDIVISION (B) OR (C) OF SECTION ELEVEN  HUNDRED
FORTY-SIX OF THIS CHAPTER; OR
  (D)  VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION
125.12 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE FIRST  DEGREE  AS
DEFINED  IN  SECTION  125.13  OF  THE PENAL LAW, OR AGGRAVATED VEHICULAR
HOMICIDE AS DEFINED IN SECTION 125.14 OF THE PENAL LAW; OR
  (E) MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF
SECTION 125.15 OF THE PENAL LAW, OR MANSLAUGHTER IN THE FIRST DEGREE  AS
DEFINED  BY SUBDIVISION ONE OF SECTION 125.20 OF THE PENAL LAW, IN WHICH
THE DEATH WAS CAUSED BY AN OFFENDER'S OPERATION OF A  MOTOR  VEHICLE  IN
VIOLATION OF THE PROVISIONS OF THIS CHAPTER.
  2.    PERSISTENT VEHICLE AND TRAFFIC LAW VIOLATOR LICENSES AND DRIVING
PRIVILEGES SHALL BE PERMANENTLY TERMINATED, INCLUDING THE DRIVING PRIVI-
LEGES OF A NON-RESIDENT OPERATING A MOTOR VEHICLE IN THIS STATE AND  THE
PRIVILEGE  OF  AN UNLICENSED PERSON OF OBTAINING A LICENSE ISSUED BY THE
COMMISSIONER.
  3. THE JUDGE SHALL  ISSUE  AN  ORDER  REVOKING  AND  TERMINATING  SUCH
LICENSE  UPON  CONVICTION,  AND  THE LICENSE HOLDER SHALL SURRENDER SUCH
LICENSE TO THE COURT.
  4. NOTHING CONTAINED IN THIS SECTION  SHALL  PREVENT  THE  COURT  FROM
IMPOSING  ANY OTHER AUTHORIZED DISPOSITION AND NOTHING CONTAINED IN THIS
SECTION SHALL PROHIBIT THE IMPOSITION OF A CHARGE OF ANY  OTHER  OFFENSE
SET  FORTH  IN  THIS  CHAPTER OR ANY OTHER PROVISION OF LAW FOR ANY ACTS
ARISING OUT OF THE SAME INCIDENT.
  S 4. Subdivision (e) of section 1146 of the vehicle and traffic law is
relettered subdivision (f) and a new subdivision (e) is added to read as
follows:
  (E) A VIOLATION OF SUBDIVISION (B) OR (C) OF THIS SECTION COMMITTED BY
A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED  OF  ANY  TWO  VIOLATIONS  OF
EITHER  OR  BOTH  OF  SUCH SUBDIVISIONS WITHIN THE PRECEDING TWENTY-FIVE
YEARS SHALL CONSTITUTE A CLASS E FELONY PUNISHABLE BY A FINE OF NOT MORE
THAN THREE THOUSAND DOLLARS, OR BY IMPRISONMENT AS PROVIDED BY THE PENAL
LAW OR BY ANY COMBINATION OF SUCH FINE OR IMPRISONMENT, AND BY PERMANENT
TERMINATION OF DRIVING PRIVILEGES, IN ADDITION TO  ANY  OTHER  PENALTIES
PROVIDED BY LAW.
  S  5.  Subdivision 3 of section 511 of the vehicle and traffic law, as
amended by chapter 420 of the laws of 1989, paragraph (a) as amended  by
chapter  732 of the laws of 2006, subparagraph (iii) of paragraph (a) as
amended and subparagraph (iv) of paragraph (a) as added by  chapter  169
of the laws of 2013, and paragraph (b) as separately amended by chapters
786 and 892 of the laws of 1990, is amended to read as follows:
  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]  SIX  or  more  suspensions, imposed on at least [ten] SIX
separate dates for failure to answer, appear or pay a fine, pursuant  to

A. 6341--A                          3

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) operates a motor vehicle upon a public highway  while  holding  a
conditional  license  issued  pursuant  to  paragraph (a) of subdivision
seven of section eleven hundred ninety-six of this chapter  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
  (V) OPERATES A MOTOR VEHICLE WHILE UNDER PERMANENT TERMINATION AS  SET
FORTH IN SECTION FIVE HUNDRED TEN-D OF THIS ARTICLE.
  (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
degree is a class E 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 hundred dollars nor more than five thousand dollars; (II) PERMANENT
TERMINATION  AS  SET  FORTH  IN  SUBPARAGRAPH TWELVE OF PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE OF  THIS  CHAPTER
and [(ii)] (III) a term of imprisonment as provided in the penal law, or
[(iii)]  (IV)  where  appropriate  and  a  term  of  imprisonment is not
required by the penal law, a sentence of probation as provided in subdi-
vision six of this section, or [(iv)] (V) a term of  imprisonment  as  a
condition of a sentence of probation as provided in the penal law.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.