S T A T E O F N E W Y O R K
________________________________________________________________________
8934--B
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. TEDISCO -- read once and referred to the Commit-
tee on Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, 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:
Section 1. This act shall be known and may be cited as "Charlotte's
Law".
S 2. The article heading of article 20 of the vehicle and traffic law
is amended to read as follows:
SUSPENSION [AND], REVOCATION AND
TERMINATION
S 3. The vehicle and traffic law is amended by adding a new section
510-d to read as follows:
S 510-D. TERMINATION OF DRIVING PRIVILEGES OF PERSISTENT VEHICLE AND
TRAFFIC LAW VIOLATORS. 1. DEFINITION OF PERSISTENT VEHICLE AND TRAFFIC
LAW VIOLATOR. A PERSON IS A PERSISTENT VEHICLE AND TRAFFIC LAW VIOLATOR
IF SUCH PERSON HAS BEEN CONVICTED THREE TIMES, WITHIN THE PRECEDING
TWENTY-FIVE YEARS, OF ANY COMBINATION OF THE FOLLOWING OFFENSES:
(A) ANY OFFENSES DEFINED IN SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
CHAPTER; OR
(B) ANY OFFENSE DEFINED IN SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS
CHAPTER; OR
(C) ANY VIOLATION OF SUBDIVISION (B) OR (C) OF SECTION ELEVEN HUNDRED
FORTY-SIX OF THIS CHAPTER; OR
(D) VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION
125.12 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13285-06-2
A. 8934--B 2
DEFINED IN SECTION 125.13 OF THE PENAL LAW, OR AGGRAVATED VEHICULAR
HOMICIDE AS DEFINED IN SECTION 125.14 OF THE PENAL LAW; OR
(E) MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF
SECTION 125.15 OF THE PENAL LAW, OR MANSLAUGHTER IN THE FIRST DEGREE AS
DEFINED BY SUBDIVISION ONE OF SECTION 125.20 OF THE PENAL LAW, IN WHICH
THE DEATH WAS CAUSED BY AN OFFENDER'S OPERATION OF A MOTOR VEHICLE IN
VIOLATION OF THE PROVISIONS OF THIS CHAPTER.
2. PERSISTENT VEHICLE AND TRAFFIC LAW VIOLATOR LICENSES AND DRIVING
PRIVILEGES SHALL BE PERMANENTLY TERMINATED, INCLUDING THE DRIVING PRIVI-
LEGES OF A NON-RESIDENT OPERATING A MOTOR VEHICLE IN THIS STATE AND THE
PRIVILEGE OF AN UNLICENSED PERSON OF OBTAINING A LICENSE ISSUED BY THE
COMMISSIONER.
3. THE JUDGE SHALL ISSUE AN ORDER REVOKING AND TERMINATING SUCH
LICENSE UPON CONVICTION, AND THE LICENSE HOLDER SHALL SURRENDER SUCH
LICENSE TO THE COURT.
4. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE COURT FROM
IMPOSING ANY OTHER AUTHORIZED DISPOSITION AND NOTHING CONTAINED IN THIS
SECTION SHALL PROHIBIT THE IMPOSITION OF A CHARGE OF ANY OTHER OFFENSE
SET FORTH IN THIS CHAPTER OR ANY OTHER PROVISION OF LAW FOR ANY ACTS
ARISING OUT OF THE SAME INCIDENT.
S 4. Subdivision (e) of section 1146 of the vehicle and traffic law is
relettered subdivision (f) and a new subdivision (e) is added to read as
follows:
(E) A VIOLATION OF SUBDIVISION (B) OR (C) OF THIS SECTION COMMITTED BY
A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF ANY TWO VIOLATIONS OF
EITHER OR BOTH OF SUCH SUBDIVISIONS WITHIN THE PRECEDING TWENTY-FIVE
YEARS SHALL CONSTITUTE A CLASS E FELONY PUNISHABLE BY A FINE OF NOT MORE
THAN THREE THOUSAND DOLLARS, OR BY IMPRISONMENT AS PROVIDED BY THE PENAL
LAW OR BY ANY COMBINATION OF SUCH FINE OR IMPRISONMENT, AND BY PERMANENT
TERMINATION OF DRIVING PRIVILEGES, IN ADDITION TO ANY OTHER PENALTIES
PROVIDED BY LAW.
S 5. Subdivision 3 of section 511 of the vehicle and traffic law, as
amended by chapter 420 of the laws of 1989, paragraph (a) as amended by
chapter 732 of the laws of 2006, subparagraph (iii) of paragraph (a) as
amended by chapter 746 of the laws of 2006, and paragraph (b) as sepa-
rately amended by chapters 786 and 892 of the laws of 1990, is amended
to read as follows:
3. Aggravated unlicensed operation of a motor vehicle in the first
degree. (a) A person is guilty of the offense of aggravated unlicensed
operation of a motor vehicle in the first degree when such person: (i)
commits the offense of aggravated unlicensed operation of a motor vehi-
cle in the second degree as provided in subparagraph (ii), (iii) or (iv)
of paragraph (a) of subdivision two of this section and is operating a
motor vehicle while under the influence of alcohol or a drug in
violation of subdivision one, two, two-a, three, four, four-a or five of
section eleven hundred ninety-two of this chapter; or
(ii) 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 [ten] SIX or more suspensions, imposed on at least [ten] SIX
separate dates for failure to answer, appear or pay a fine, pursuant to
subdivision three of section two hundred twenty-six of this chapter or
subdivision four-a of section five hundred ten of this article; or
(iii) 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 under permanent revoca-
A. 8934--B 3
tion as set forth in subparagraph twelve of paragraph (b) of subdivision
two of section eleven hundred ninety-three of this chapter; OR
(IV) OPERATES A MOTOR VEHICLE WHILE UNDER PERMANENT TERMINATION AS SET
FORTH IN SECTION FIVE HUNDRED TEN-D OF THIS ARTICLE.
(b) Aggravated unlicensed operation of a motor vehicle in the first
degree is a class E felony. When a person is convicted of this crime,
the sentence of the court must be: (i) a fine in an amount not less than
five hundred dollars nor more than five thousand dollars; (II) PERMANENT
TERMINATION AS SET FORTH IN SUBPARAGRAPH TWELVE OF PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS CHAPTER
and [(ii)] (III) a term of imprisonment as provided in the penal law, or
[(iii)] (IV) where appropriate and a term of imprisonment is not
required by the penal law, a sentence of probation as provided in subdi-
vision six of this section, or [(iv)] (V) a term of imprisonment as a
condition of a sentence of probation as provided in the penal law.
S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.