BILL NUMBER: S9920            Revised 9/27/2024

SPONSOR: CHU
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to aggravated
unlicensed operation of a motor vehicle in the first degree

 
PURPOSE:

 
SUMMARY OF PROVISIONS:

Section one provides the title of this legislation, which shall be known
and cited as "Efrain's Law."

Section two amends subparagraph (v) of paragraph (a) of subdivision 3 of
section 511 of the vehicle and traffic law, as added by chapter 722 of
the laws of 2023 to add a new paragraph (vi) which clarifies that any
individual charged with aggravated unlicensed operation of a motor vehi-
cle and has been previously convicted of reckless driving twice within
the last 10 years will be charged with a Class E felony, and subject to
a three-strike rule.
              

Section three sets the effective date.

 
JUSTIFICATION:

This legislation is prompted by the tragic death of 82 year old Efrain
Barreto, a long-time Brooklyn resident who was struck and killed by an
unlicensed and uninsured motorist with a history of reckless driving.
Efrain was hit by an unlicensed moped driver and suffered in the hospi-
tal for days until he succumbed to his injuries.

His children describe him as tough but with a good heart, resourceful, a
hard worker, a storyteller, and describe how many in the community would
come to him for advice. Efrain was the 2nd oldest of 13 children, known
as Frank to friends and an Army veteran. He came from humble beginnings
in Puerto Rico but was a resident of Sunset Park and Bay Ridge for most
of his life.

The legislation would create a felony class offense, aggravated unli-
censed operation of a motor vehicle in the first degree, when an offen-
der has a history of reckless driving and kills a person while driving
without a license. Currently, motorists with a history of reckless driv-
ing are unlikely to face jail time or be charged with anything greater
than a misdemeanor. For Efrain's family, justice may be out of reach,
but this bill intends to provide a legacy for the Barreto family in
providing justice for others in Efrain's name.

This bill aims to strengthen the arsenal of charges that District Attor-
neys can bring against motorists who kill and demonstrate a history of
wanton disregard for the safety of others. It's a choice to choose to
drive without a license or insurance. It's a choice to drive an unregis-
tered vehicle. Those negligent choices are what lead to deaths like
Efrain's.

This legislation is not just about punishment; it s about creating a
safer environment for all who travel within our communities and promot-
ing a sense of accountability among all road users.  Efrain s story
serves as a poignant reminder of the lives at stake and the urgent need
for swift change to protect our neighborhoods.

 
LEGISLATIVE HISTORY:  New bill.

 
FISCAL IMPACT:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become a law; provided, however, that if
chapter 722 of the laws of 2023 shall not have taken effect on or before
such date then this act shall take effect on the same date and in the
same manner as chapter 722 of the laws of 2023, takes effect.