NY State Senate Bill 2019-S382

Senate Bill S382

2019-2020 Legislative Session

Enacts "Charlotte's Law" relating to the permanent termination of licenses of persistent vehicle and traffic law violators

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jan 09, 2019	referred to transportation

2019-S382 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd Art 20 Art Head, add §510-e, amd §§1146 & 511, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6626
2015-2016: S1867
2017-2018: S2426
2021-2022: S232
2023-2024: S296

2019-S382 (ACTIVE) - Summary

Enacts "Charlotte's Law"; relates to the permanent termination of licenses of persistent vehicle and traffic law violators who have been convicted of certain violations three times in a 25 year period.

2019-S382 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S382

SPONSOR: TEDISCO
 
TITLE OF BILL:  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

 
PURPOSE:

The purpose of this legislation is to revoke all driving privileges of
an individual convicted of a combination of three or more DWI/EMI's,
causing fatal or personal injury in the course of an accident, in their
driving history, will have all their privileges to drive or own a vehi-
cle in New York State permanently terminated and would result in a felo-
ny conviction and fine up to one year in prison and $5,000 fine.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes this act to be known as "Charlottes Law".

Section 2: Amends the title of Article 20 of the Vehicle and Traffic Law

to state "suspension, revocation, and termination."

Section 3: Creates a new provision of the vehicle and traffic law to
provide for the permanent revocation of the driving privileges of
"persistent vehicle and traffic law violators." This provision defines a
"persistent vehicle and traffic law violator" as one who has been
convicted of any combination of three designated offenses within the
previous 25 years.

Those designated offenses include: any driving while intoxicated and/or
impaired offenses; the offenses in S 1146 regarding lack of care while
operating a motor vehicle, which causes injury or serious injury; all
degrees of the vehicular manslaughter/homicide offenses; manslaughter in
the 1st or 2nd degree where such manslaughter is caused by the operation
of a motor vehicle in violation of the vehicle and traffic law. This
section required surrender of the license at such time. Further, this
section allows for any authorized disposition and for the imposition of
any other charges by any other provisions of law.

Section 4: In section 1146 of Vehicle and Traffic Law a violation of
subdivision (b) or (c) of this section will be punishable by a class E
felony, a fine of no more than $3,000, or imprisonment as provided by
penal law.

Section 5: Reduces the number of suspensions (and the number of separate
dates for those suspensions) from ten to six, which would make one
eligible to be charged with aggravated unlicensed operation of a motor
vehicle in the first degree. This section also adds the operation of a
motor vehicle while under permanent revocation as a basis for the charge
of aggravated unlicensed operation of a motor vehicle in the first
degree. Further, this section requires permanent revocation of the
license as an additional penalty for aggravated unlicensed operation of
a motor vehicle in the first degree.

Section 6: Provides for an effective date of November 1, next succeeding
enactment.

 
EXISTING LAW:
Current law does not allow for such strict guidelines for those commit-
ting these specific crimes against pedestrians and cyclists.

Additionally, this Act creates incarceration, revocation of driving with
these strict guidelines, it deterrents will reduce the number of a more
severe punishment than privileges and vehicle ownership is expected that
additional traffic violations and accidents.

 
JUSTIFICATION:

Charlotte Gallo, a senior from Schenectady, New York, was killed by a
truck speeding through an intersection near Proctor's Theatre on January
2, 2010. Charlotte was leaving Proctors after a night of volunteering
for the organization. The individual driving the truck had a long histo-
ry of being a persistent violator of vehicle and traffic laws including
a previous accident resulting in personal injury. Another Schenectady
woman has been charged with a DWI eight times, and recently received
another conviction, and after jail time, she will be able to operate a
motor vehicle upon leaving incarceration.

These "chronic reckless drivers" are a danger to the public and need to
understand that their actions have consequences, and these consequences
should not only be the people they hurt, but the punishment they
receive. When an individual places the lives of those around them in
danger, the penalty for doing so should be harsh so that these people do
not recommit this crime. If they chose to do so, New York State should
take steps in assuring that it never happens again.

Driving is a privilege and not a right. Those who are so cavalier as to
repeatedly break the law through their dangerous driving should no long-
er be given the privilege of driving in New York.

 
LEGISLATIVE HISTORY:

01/15/15: S.1867  REFERRED TO TRANSPORTATION
01/06/16: S.1867 REFERRED TO TRANSPORTATION
01/13/17: S.2426 REFERRED TO TRANSPORTATION
01/03/18: S.2426 REFERRED TO TRANSPORTATION

 
LOCAL FISCAL IMPLICATIONS:

To be determined, though, strict enforcement of penalties and fines will
create additional revenues for municipalities.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become law.

2019-S382 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    382
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed 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".
   §  2. The article heading of article 20 of the vehicle and traffic law
 is amended to read as follows:
 
                     SUSPENSION [AND], REVOCATION AND
                                TERMINATION
 
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 510-e to read as follows:
   §  510-E.  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
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03847-01-9

 S. 382                              2
 
 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.
   § 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.
   § 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
 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-

 S. 382                              3
 
 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-E 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.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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