S T A T E O F N E W Y O R K
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3031--A
2017-2018 Regular Sessions
I N S E N A T E
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:
Section 1. The penal law is amended by adding a new section 270.40 to
read as follows:
§ 270.40 PERSISTENT AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE.
A PERSON IS GUILTY OF THE OFFENSE OF PERSISTENT AGGRAVATED UNLICENSED
OPERATION OF A MOTOR VEHICLE WHEN SUCH PERSON: (1) COMMITS THE OFFENSE
OF AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE THIRD
DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION FIVE HUNDRED ELEVEN OF
THE VEHICLE AND TRAFFIC LAW; AND IS OPERATING A MOTOR VEHICLE WHILE
UNDER PERMANENT REVOCATION AS SET FORTH IN SUBPARAGRAPH TWELVE OF PARA-
GRAPH (B) OF SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE OF
THE VEHICLE AND TRAFFIC LAW; OR (2) 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 THE VEHICLE AND TRAFFIC LAW WHILE UNDER THE INFLUENCE OF ALCOHOL OR A
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.
LBD08226-02-8
S. 3031--A 2
FIVE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC
LAW.
PERSISTENT AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IS A
CLASS D FELONY.
§ 2. Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 3 of
section 511 of the vehicle and traffic law are REPEALED.
§ 3. The penal law is amended by adding a new section 270.45 to read
as follows:
§ 270.45 PERSISTENT DRIVING WHILE INTOXICATED OR WHILE ABILITY IMPAIRED
BY DRUGS.
A PERSON IS GUILTY OF THE OFFENSE OF PERSISTENT DRIVING WHILE INTOXI-
CATED OR WHILE ABILITY IMPAIRED BY DRUGS WHEN SUCH PERSON OPERATES A
VEHICLE IN VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR FOUR-A OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW AFTER
HAVING BEEN CONVICTED OF ANY VIOLATION OF SUBDIVISION TWO, TWO-A, THREE,
FOUR OR FOUR-A OF SUCH SECTION OR OF VEHICULAR ASSAULT IN THE SECOND OR
FIRST DEGREE, AS DEFINED, RESPECTIVELY, IN SECTIONS 120.03 AND 120.04 OF
THIS PART AND AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN SECTION
120.04-A OF THIS PART OR OF VEHICULAR MANSLAUGHTER IN THE SECOND OR
FIRST DEGREE, AS DEFINED, RESPECTIVELY, IN SECTIONS 125.12 AND 125.13
AND AGGRAVATED VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14 OF THIS
PART, ON THREE OR MORE OCCASIONS, WITHIN THE PRECEDING FIFTEEN YEARS OR
ANY COMBINATION OF THREE OR MORE OF THE OFFENSES SET FORTH IN THIS
SECTION WITHIN THE PRECEDING FIFTEEN YEARS.
PERSISTENT DRIVING WHILE INTOXICATED OR WHILE ABILITY IMPAIRED BY
DRUGS IS A CLASS C FELONY.
§ 4. Subparagraph 2 of paragraph (d) of subdivision 2 of section 1194
of the vehicle and traffic law, as amended by chapter 732 of the laws of
2006, is amended to read as follows:
(2) Civil penalties. Except as otherwise provided, any person whose
license, permit to drive, or any non-resident operating privilege is
revoked pursuant to the provisions of this section shall also be liable
for a civil penalty in the amount of five hundred dollars except that if
such revocation is a second or subsequent revocation pursuant to this
section issued within a five year period, or such person has been
convicted of a violation of any subdivision of section eleven hundred
ninety-two of this article within the past five years not arising out of
the same incident, the civil penalty shall be in the amount of [seven
hundred fifty] ONE THOUSAND dollars. Any person whose license is revoked
pursuant to the provisions of this section based upon a finding of
refusal to submit to a chemical test while operating a commercial motor
vehicle shall also be liable for a civil penalty of five hundred fifty
dollars except that if such person has previously been found to have
refused a chemical test pursuant to this section while operating a
commercial motor vehicle or has a prior conviction of any of the follow-
ing offenses while operating a commercial motor vehicle: any violation
of section eleven hundred ninety-two of this article; any violation of
subdivision two of section six hundred of this chapter; or has a prior
conviction of any felony involving the use of a commercial motor vehicle
pursuant to paragraph (a) of subdivision one of section five hundred
ten-a of this chapter, then the civil penalty shall be [seven hundred
fifty] ONE THOUSAND dollars. No new driver's license or permit shall be
issued, or non-resident operating privilege restored to such person
unless such penalty has been paid. All penalties collected by the
department pursuant to the provisions of this section shall be the prop-
S. 3031--A 3
erty of the state and shall be paid into the general fund of the state
treasury.
§ 5. 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] ONE THOUSAND dollars nor more than five thousand dollars;
and (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 imprisonment as a condition of a
sentence of probation as provided in the penal law.
§ 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b)
of subdivision 2 of section 1193 of the vehicle and traffic law are
REPEALED and clause (f) is relettered clause (b).
§ 7. The closing paragraph of section 125.13 of the penal law, as
amended by chapter 496 of the laws of 2009, is amended to read as
follows:
Vehicular manslaughter in the first degree is a class [C] B felony.
§ 8. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 368 of the laws of 2015, is amended to read as
follows:
(a) Class B violent felony offenses: an attempt to commit the class
A-I felonies of murder in the second degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act in the first
degree as defined in section 130.50, aggravated sexual abuse in the
first degree as defined in section 130.70, course of sexual conduct
against a child in the first degree as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary in the first
degree as defined in section 140.30, arson in the second degree as
defined in section 150.15, robbery in the first degree as defined in
section 160.15, sex trafficking as defined in paragraphs (a) and (b) of
subdivision five of section 230.34, incest in the first degree as
defined in section 255.27, criminal possession of a weapon in the first
degree as defined in section 265.04, criminal use of a firearm in the
first degree as defined in section 265.09, criminal sale of a firearm in
the first degree as defined in section 265.13, aggravated assault upon a
police officer or a peace officer as defined in section 120.11, gang
assault in the first degree as defined in section 120.07, AGGRAVATED
VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14, intimidating a victim
or witness in the first degree as defined in section 215.17, hindering
prosecution of terrorism in the first degree as defined in section
490.35, criminal possession of a chemical weapon or biological weapon in
the second degree as defined in section 490.40, and criminal use of a
chemical weapon or biological weapon in the third degree as defined in
section 490.47.
§ 9. The closing paragraph of section 120.03 of the penal law, as
amended by chapter 732 of the laws of 2006, is amended to read as
follows:
S. 3031--A 4
Vehicular assault in the second degree is a class [E] D felony.
§ 10. The closing paragraph of section 120.04 of the penal law, as
amended by chapter 496 of the laws of 2009, is amended to read as
follows:
Vehicular assault in the first degree is a class [D] C felony.
§ 11. The closing paragraph of section 120.04-a of the penal law, as
amended by chapter 496 of the laws of 2009, is amended to read as
follows:
Aggravated vehicular assault is a class [C] B felony.
§ 12. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.
