STATE OF NEW YORK ________________________________________________________________________ 3983 2023-2024 Regular Sessions IN ASSEMBLY February 8, 2023 ___________ Introduced by M. of A. THIELE, DeSTEFANO -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to first degree aggravated unlicensed operation (AUO) of a motor vehicle The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Angelica's law". 3 § 2. Subparagraph (iv) of paragraph (a) of subdivision 3 of section 4 511 of the vehicle and traffic law, as added by chapter 169 of the laws 5 of 2013, is amended and a new subparagraph (v) is added to read as 6 follows: 7 (iv) operates a motor vehicle upon a public highway while holding a 8 conditional license issued pursuant to paragraph (a) of subdivision 9 seven of section eleven hundred ninety-six of this chapter while under 10 the influence of alcohol or a drug in violation of subdivision one, two, 11 two-a, three, four, four-a or five of section eleven hundred ninety-two 12 of this chapter[.]; or 13 (v) commits the offense of aggravated unlicensed operation of a motor 14 vehicle in the third degree as defined in subdivision one of this 15 section; and is operating a motor vehicle while such person has in 16 effect five or more suspensions or revocations, imposed on at least five 17 separate dates, pursuant to subparagraph (i), (iii), (iv), (v), (vi), 18 (vii), (viii), (x), (xi), (xii), or (xiii) of paragraph a of subdivision 19 two of section five hundred ten of this article, or subparagraph (i), 20 (xiii), (xiv), (xv), (xvi), or (xvii) of paragraph b, or paragraph d of 21 such subdivision, or paragraph a, b, d, e, or g relating to evading 22 lawful arrest or prosecution while operating a motor vehicle or motorcy- 23 cle, or paragraph i of subdivision three of section five hundred ten of 24 this article, or paragraph (c), (d), or (e) of subdivision one or subdi- 25 vision three of section five hundred ten-a of this article, or section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08771-01-3
A. 3983 2 1 five hundred ten-b of this article, or section five hundred ten-c of 2 this article, or subdivision two of section eleven hundred ninety-three 3 of this chapter. 4 § 3. Paragraph (b) of subdivision 3 of section 511 of the vehicle and 5 traffic law, as separately amended by chapters 786 and 892 of the laws 6 of 1990, is amended to read as follows: 7 (b) Aggravated unlicensed operation of a motor vehicle in the first 8 degree is a class E felony. When a person is convicted of this crime, 9 the sentence of the court must be: (i) a fine in an amount not less than 10 five hundred dollars nor more than five thousand dollars; and (ii) a 11 term of imprisonment as provided in the penal law except that where a 12 person is convicted of this crime under subparagraph (v) of paragraph 13 (a) of this subdivision, any term of imprisonment imposed for a 14 violation of this section shall be a definite sentence, which may not 15 exceed two years, or (iii) where appropriate and a term of imprisonment 16 is not required by the penal law, a sentence of probation as provided in 17 subdivision six of this section, or (iv) a term of imprisonment as a 18 condition of a sentence of probation as provided in the penal law. 19 § 4. Subdivision 7 of section 510 of the vehicle and traffic law is 20 amended by adding a new closing paragraph to read as follows: 21 The commissioner shall provide written notice, in a conspicuous, bold 22 type, to all persons having four license suspensions or revocations, 23 where a fifth license suspension or revocation could result in a charge 24 of aggravated unlicensed operation in the first degree pursuant to 25 subparagraph (v) of paragraph (a) of subdivision three of section five 26 hundred eleven of this article, that a fifth such suspension or revoca- 27 tion would subject any person charged under such subparagraph (v) to a 28 class E felony with a definite sentence which may not exceed two years. 29 § 5. This act shall take effect on the first of November next succeed- 30 ing the date on which it shall have become a law.