BILL NUMBER: S5630
SPONSOR: COONEY
 
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 OR GENERAL IDEA OF BILL:
To create a felony level sanction when an unlicensed individual commits
the crime of aggravated unlicensed operation of a motor vehicle in the
third degree, as defined in subdivision one of § 511 of the vehicle and
traffic law, and causes the death or serious physical injury of another
person.
 
SUMMARY OF PROVISIONS:
Adds a subparagraph (vi) to paragraph (a) of subdivision 3 of section
511 of the Vehicle and Traffic Law. The new subparagraph makes it a
class E felony to cause the death or serious physical injury of another
person while knowing or having reason to know they are operating a motor
vehicle with a suspended, revoked, or otherwise withdrawn license.
Section 2 of the bill clarifies that the new subparagraph (vi) would not
apply to suspensions or revocations 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.
Section 3 of the bill provides the effective date.
 
JUSTIFICATION:
On Saturday April 6, 2019, in Rosedale, Queens, a 27 year old man was
crossing the street when he was killed by a driver of a motor vehicle
that failed to yield to a pedestrian with the right of way. This driver
should not have been on the road that day. His driver's license had been
revoked weeks earlier after he committed three speeding violations with-
in eighteen months. The driver had a long history of suspensions and
convictions based upon his dangerous driving record, including over 40
convictions for driving related offenses and 50 suspensions or revoca-
tions. Despite the lengthy, dangerous driving history and causing the
death of this pedestrian, the driver could only be charged with misde-
meanor level VTL § 511 and related infractions.
This legislation recognizes that drivers who operate a motor vehicle
while their license is suspended or revoked due to prior dangerous driv-
ing behavior create unnecessary risk to pedestrians, bicyclists, and
other motorists alike. This new provision will hold such drivers
accountable with stronger penalties and make our roads safer. Dangerous
drivers with revoked or suspended licenses who cause serious physical
injury or death can now be held accountable with a more serious crime.
It would not apply to suspensions or revocations due to failure to pay
fines, support arrears or tax liabilities. It grants prosecutors broader
discretion to seek stiffer penalties for the aggravated unlicensed oper-
ation of a motor vehicle which results in someone's death or serious
physical injury.
 
PRIOR LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.

Statutes affected:
S5630: 511 vehicle and traffic law, 511(3) vehicle and traffic law, 511(7) vehicle and traffic law