S T A T E   O F   N E W   Y O R K
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    S. 1867                                                  A. 2014

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 15, 2015
                               ___________

IN  SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Transporta-
  tion

IN  ASSEMBLY -- 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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02604-01-5

              

S. 1867                             2                            A. 2014

  (B) ANY OFFENSE DEFINED IN SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS
CHAPTER; OR
  (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

S. 1867                             3                            A. 2014

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) 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.