S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2592
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04535-01-1

 S. 2592                             2
 
   § 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-
 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:

 S. 2592                             3
 
   (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 189 of the laws of 2018, 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,  sex  trafficking  of a child as
 defined in section 230.34-a, 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:
   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:

 S. 2592                             4

   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.