Bill Text: NY A06341 | 2013-2014 | General Assembly | Amended


Bill Title: 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.

Spectrum: Moderate Partisan Bill (Republican 10-3)

Status: (Introduced - Dead) 2014-02-04 - print number 6341a [A06341 Detail]

Download: New_York-2013-A06341-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6341--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 25, 2013
                                      ___________
       Introduced  by  M.  of  A.  TEDISCO, BUTLER, RAIA, MONTESANO, McDONOUGH,
         RIVERA, KATZ, HAWLEY  --  Multi-Sponsored  by  --  M.  of  A.  CROUCH,
         McLAUGHLIN,  MILLER,  TENNEY,  THIELE -- read once and referred to the
         Committee on Transportation -- recommitted to the Committee on  Trans-
         portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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:
    1    Section 1. This act shall be known and may be  cited  as  "Charlotte's
    2  Law".
    3    S  2. The article heading of article 20 of the vehicle and traffic law
    4  is amended to read as follows:
    5                      SUSPENSION [AND], REVOCATION AND
    6                                 TERMINATION
    7    S 3. The vehicle and traffic law is amended by adding  a  new  section
    8  510-d to read as follows:
    9    S  510-D.  TERMINATION OF DRIVING PRIVILEGES OF PERSISTENT VEHICLE AND
   10  TRAFFIC LAW VIOLATORS. 1. DEFINITION OF PERSISTENT VEHICLE  AND  TRAFFIC
   11  LAW  VIOLATOR. A PERSON IS A PERSISTENT VEHICLE AND TRAFFIC LAW VIOLATOR
   12  IF SUCH PERSON HAS BEEN CONVICTED  THREE  TIMES,  WITHIN  THE  PRECEDING
   13  TWENTY-FIVE YEARS, OF ANY COMBINATION OF THE FOLLOWING OFFENSES:
   14    (A)  ANY OFFENSES DEFINED IN SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
   15  CHAPTER; OR
   16    (B) ANY OFFENSE DEFINED IN SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS
   17  CHAPTER; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07893-02-4
       A. 6341--A                          2
    1    (C) ANY VIOLATION OF SUBDIVISION (B) OR (C) OF SECTION ELEVEN  HUNDRED
    2  FORTY-SIX OF THIS CHAPTER; OR
    3    (D)  VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION
    4  125.12 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE FIRST  DEGREE  AS
    5  DEFINED  IN  SECTION  125.13  OF  THE PENAL LAW, OR AGGRAVATED VEHICULAR
    6  HOMICIDE AS DEFINED IN SECTION 125.14 OF THE PENAL LAW; OR
    7    (E) MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF
    8  SECTION 125.15 OF THE PENAL LAW, OR MANSLAUGHTER IN THE FIRST DEGREE  AS
    9  DEFINED  BY SUBDIVISION ONE OF SECTION 125.20 OF THE PENAL LAW, IN WHICH
   10  THE DEATH WAS CAUSED BY AN OFFENDER'S OPERATION OF A  MOTOR  VEHICLE  IN
   11  VIOLATION OF THE PROVISIONS OF THIS CHAPTER.
   12    2.    PERSISTENT VEHICLE AND TRAFFIC LAW VIOLATOR LICENSES AND DRIVING
   13  PRIVILEGES SHALL BE PERMANENTLY TERMINATED, INCLUDING THE DRIVING PRIVI-
   14  LEGES OF A NON-RESIDENT OPERATING A MOTOR VEHICLE IN THIS STATE AND  THE
   15  PRIVILEGE  OF  AN UNLICENSED PERSON OF OBTAINING A LICENSE ISSUED BY THE
   16  COMMISSIONER.
   17    3. THE JUDGE SHALL  ISSUE  AN  ORDER  REVOKING  AND  TERMINATING  SUCH
   18  LICENSE  UPON  CONVICTION,  AND  THE LICENSE HOLDER SHALL SURRENDER SUCH
   19  LICENSE TO THE COURT.
   20    4. NOTHING CONTAINED IN THIS SECTION  SHALL  PREVENT  THE  COURT  FROM
   21  IMPOSING  ANY OTHER AUTHORIZED DISPOSITION AND NOTHING CONTAINED IN THIS
   22  SECTION SHALL PROHIBIT THE IMPOSITION OF A CHARGE OF ANY  OTHER  OFFENSE
   23  SET  FORTH  IN  THIS  CHAPTER OR ANY OTHER PROVISION OF LAW FOR ANY ACTS
   24  ARISING OUT OF THE SAME INCIDENT.
   25    S 4. Subdivision (e) of section 1146 of the vehicle and traffic law is
   26  relettered subdivision (f) and a new subdivision (e) is added to read as
   27  follows:
   28    (E) A VIOLATION OF SUBDIVISION (B) OR (C) OF THIS SECTION COMMITTED BY
   29  A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED  OF  ANY  TWO  VIOLATIONS  OF
   30  EITHER  OR  BOTH  OF  SUCH SUBDIVISIONS WITHIN THE PRECEDING TWENTY-FIVE
   31  YEARS SHALL CONSTITUTE A CLASS E FELONY PUNISHABLE BY A FINE OF NOT MORE
   32  THAN THREE THOUSAND DOLLARS, OR BY IMPRISONMENT AS PROVIDED BY THE PENAL
   33  LAW OR BY ANY COMBINATION OF SUCH FINE OR IMPRISONMENT, AND BY PERMANENT
   34  TERMINATION OF DRIVING PRIVILEGES, IN ADDITION TO  ANY  OTHER  PENALTIES
   35  PROVIDED BY LAW.
   36    S  5.  Subdivision 3 of section 511 of the vehicle and traffic law, as
   37  amended by chapter 420 of the laws of 1989, paragraph (a) as amended  by
   38  chapter  732 of the laws of 2006, subparagraph (iii) of paragraph (a) as
   39  amended and subparagraph (iv) of paragraph (a) as added by  chapter  169
   40  of the laws of 2013, and paragraph (b) as separately amended by chapters
   41  786 and 892 of the laws of 1990, is amended to read as follows:
   42    3.  Aggravated  unlicensed  operation  of a motor vehicle in the first
   43  degree. (a) A person is guilty of the offense of  aggravated  unlicensed
   44  operation  of  a motor vehicle in the first degree when such person: (i)
   45  commits the offense of aggravated unlicensed operation of a motor  vehi-
   46  cle in the second degree as provided in subparagraph (ii), (iii) or (iv)
   47  of  paragraph  (a) of subdivision two of this section and is operating a
   48  motor vehicle while  under  the  influence  of  alcohol  or  a  drug  in
   49  violation of subdivision one, two, two-a, three, four, four-a or five of
   50  section eleven hundred ninety-two of this chapter; or
   51    (ii) commits the offense of aggravated unlicensed operation of a motor
   52  vehicle  in  the  third  degree  as  defined  in subdivision one of this
   53  section; and is operating a motor  vehicle  while  such  person  has  in
   54  effect  [ten]  SIX  or  more  suspensions, imposed on at least [ten] SIX
   55  separate dates for failure to answer, appear or pay a fine, pursuant  to
       A. 6341--A                          3
    1  subdivision  three  of section two hundred twenty-six of this chapter or
    2  subdivision four-a of section five hundred ten of this article; or
    3    (iii)  commits  the  offense  of  aggravated unlicensed operation of a
    4  motor vehicle in the third degree as defined in subdivision one of  this
    5  section;  and is operating a motor vehicle while under permanent revoca-
    6  tion as set forth in subparagraph twelve of paragraph (b) of subdivision
    7  two of section eleven hundred ninety-three of this chapter; or
    8    (iv) operates a motor vehicle upon a public highway  while  holding  a
    9  conditional  license  issued  pursuant  to  paragraph (a) of subdivision
   10  seven of section eleven hundred ninety-six of this chapter  while  under
   11  the influence of alcohol or a drug in violation of subdivision one, two,
   12  two-a,  three, four, four-a or five of section eleven hundred ninety-two
   13  of this chapter[.]; OR
   14    (V) OPERATES A MOTOR VEHICLE WHILE UNDER PERMANENT TERMINATION AS  SET
   15  FORTH IN SECTION FIVE HUNDRED TEN-D OF THIS ARTICLE.
   16    (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
   17  degree is a class E felony. When a person is convicted  of  this  crime,
   18  the sentence of the court must be: (i) a fine in an amount not less than
   19  five hundred dollars nor more than five thousand dollars; (II) PERMANENT
   20  TERMINATION  AS  SET  FORTH  IN  SUBPARAGRAPH TWELVE OF PARAGRAPH (B) OF
   21  SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE OF  THIS  CHAPTER
   22  and [(ii)] (III) a term of imprisonment as provided in the penal law, or
   23  [(iii)]  (IV)  where  appropriate  and  a  term  of  imprisonment is not
   24  required by the penal law, a sentence of probation as provided in subdi-
   25  vision six of this section, or [(iv)] (V) a term of  imprisonment  as  a
   26  condition of a sentence of probation as provided in the penal law.
   27    S 6. This act shall take effect on the first of November next succeed-
   28  ing the date on which it shall have become a law.
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