S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11041
 
                           I N  A S S E M B L Y
 
                               May 31, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Gantt) --
   read once and referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to first degree
   aggravated unlicensed operation (AUO) of a motor vehicle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subparagraph  (iv)  of  paragraph  a  of subdivision 3 of
 section 511 of the vehicle and traffic law, as added by chapter  169  of
 the laws of 2013, is amended and a new subparagraph (v) is added to read
 as follows:
   (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)  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 FIVE OR MORE SUSPENSIONS OR REVOCATIONS, IMPOSED ON AT LEAST FIVE
 SEPARATE DATES, PURSUANT TO SUBPARAGRAPH (I), (III),  (IV),  (V),  (VI),
 (VII), (VIII), (X), (XI), (XII), OR (XIII) OF PARAGRAPH A OF SUBDIVISION
 TWO  OF  SECTION  FIVE HUNDRED TEN OF THIS ARTICLE, OR SUBPARAGRAPH (I),
 (XIII), (XIV), (XV), (XVI), OR (XVII) OF PARAGRAPH B, OR PARAGRAPH D  OF
 SUCH  SUBDIVISION,  OR  PARAGRAPH  A,  B, D, E, OR G RELATING TO EVADING
 LAWFUL ARREST OR PROSECUTION WHILE OPERATING A MOTOR VEHICLE OR MOTORCY-
 CLE, OR PARAGRAPH I OF SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN  OF
 THIS ARTICLE, OR PARAGRAPH (C), (D), OR (E) OF SUBDIVISION ONE OR SUBDI-
 VISION  THREE  OF SECTION FIVE HUNDRED TEN-A OF THIS ARTICLE, OR SECTION
 FIVE HUNDRED TEN-B OF THIS ARTICLE, OR SECTION  FIVE  HUNDRED  TEN-C  OF
 THIS  ARTICLE, OR SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE
 OF THIS CHAPTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15739-04-8
              

 A. 11041                            2
 
   § 2. Paragraph (b) of subdivision 3 of section 511 of the vehicle  and
 traffic  law,  as separately amended by chapters 786 and 892 of the laws
 of 1990, is amended to read as follows:
   (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; and (ii) a
 term of imprisonment as provided in the penal law EXCEPT  THAT  WHERE  A
 PERSON  IS  CONVICTED  OF THIS CRIME UNDER SUBPARAGRAPH (V) OF PARAGRAPH
 (A) OF  THIS  SUBDIVISION,  ANY  TERM  OF  IMPRISONMENT  IMPOSED  FOR  A
 VIOLATION  OF  THIS  SECTION SHALL BE A DEFINITE SENTENCE, WHICH MAY NOT
 EXCEED TWO YEARS, 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 imprisonment as a
 condition of a sentence of probation as provided in the penal law.
   § 3. Subdivision 7 of section 510 of the vehicle and  traffic  law  is
 amended by adding a new closing paragraph to read as follows:
   THE  COMMISSIONER SHALL PROVIDE WRITTEN NOTICE, IN A CONSPICUOUS, BOLD
 TYPE, TO ALL PERSONS HAVING FOUR  LICENSE  SUSPENSIONS  OR  REVOCATIONS,
 WHERE  A FIFTH LICENSE SUSPENSION OR REVOCATION COULD RESULT IN A CHARGE
 OF AGGRAVATED UNLICENSED OPERATION  IN  THE  FIRST  DEGREE  PURSUANT  TO
 SUBPARAGRAPH  (V)  OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE
 HUNDRED ELEVEN OF THIS ARTICLE, THAT A FIFTH SUCH SUSPENSION OR  REVOCA-
 TION  WOULD  SUBJECT ANY PERSON CHARGED UNDER SUCH SUBPARAGRAPH (V) TO A
 CLASS E FELONY WITH A DEFINITE SENTENCE WHICH MAY NOT EXCEED TWO YEARS.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.