S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    800
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. BERGER -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to amend the vehicle and traffic law, in relation to aggravated
   unlicensed operation of a motor vehicle in the first degree

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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,  is amended and a new subparagraph (vi) is added to
 read as follows:
   (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[.]; OR
   (VI) COMMITS THE OFFENSE OF AGGRAVATED UNLICENSED OPERATION OF A MOTOR
 VEHICLE  IN  THE  THIRD  DEGREE  AS  PROVIDED IN SUBDIVISION ONE OF THIS
 SECTION; AND CAUSES THE DEATH OR  SERIOUS  PHYSICAL  INJURY  OF  ANOTHER
 PERSON.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00990-01-5
 A. 800                              2
 
   §  2.  Subdivision 7 of section 511 of the vehicle and traffic law, as
 amended by section 3 of part P of chapter 59 of the  laws  of  2013,  is
 amended to read as follows:
   7.  Exceptions.  When a person is convicted of a violation of subdivi-
 sion one [or], two OR SUBPARAGRAPH (VI) OF PARAGRAPH (A) OF  SUBDIVISION
 THREE  of  this  section,  and the suspension was issued pursuant to (a)
 subdivision four-e of section five hundred ten of this article due to  a
 support  arrears,  or (b) subdivision four-f of section five hundred ten
 of the article due to past-due tax liabilities, the mandatory  penalties
 set forth in subdivision one [or], two OR SUBPARAGRAPH (VI) OF PARAGRAPH
 (A)  OF SUBDIVISION THREE of this section shall not be applicable if, on
 or before the return date or  subsequent  adjourned  date,  such  person
 presents  proof  that  such  support arrears or past-due tax liabilities
 have been satisfied as shown by certified check, notice  issued  by  the
 court  ordering the suspension, or notice from a support collection unit
 or department of taxation and  finance  as  applicable.  The  sentencing
 court shall take the satisfaction of arrears or the payment of the past-
 due  tax  liabilities into account when imposing a sentence for any such
 conviction. For licenses  suspended  for  non-payment  of  past-due  tax
 liabilities,  the court shall also take into consideration proof, in the
 form of a notice from the department of taxation and finance, that  such
 person  has  made  payment  arrangements  that  are  satisfactory to the
 commissioner of taxation and finance.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.