Establishes the crime of aggravated unlicensed operation of a motor vehicle resulting in death

2025 Regular Session Introduced by Monica Martinez

Creates a new Class E felony for driving on public highways without a license (or violating privileges) that results in a death, with mandatory fines and penalties.

REFERRED TO TRANSPORTATION

Summary of Bill S 10511 (2025-2026, New York)

Overall purpose

Establishes a new criminal offense—“aggravated unlicensed operation of a motor vehicle resulting in death”—to address situations where someone drives on a public highway without a valid license or in violation of driving privileges (including learner’s permits or restricted licenses) and, while operating unlawfully, commits a traffic infraction or negligent operation, resulting in a death.

Key provisions and changes

New offense created: Aggravated unlicensed operation of a motor vehicle resulting in death.

Requires:
The driver operates a motor vehicle on a public highway without a valid license (or in violation of a learner’s permit or other limited driving privilege, including conditional/restricted licenses).
In the course of this unlawful operation, the driver commits a traffic infraction or engages in negligent operation.
Such operation results in the death of another person.
Classification and penalties:
The offense is designated as a Class E felony.
Sentence requirements upon conviction:
- A fine of at least $500 and no more than $5,000.
- Imprisonment as provided in the Penal Law for a Class E felony (i.e., a statutory penalty range applicable to Class E felonies, subject to court discretion and statutory limits).

Who/what is affected

Affects drivers on public highways who operate without a valid license or while violating restricted driving privileges, and who cause a death as a result of their unlawful operation.

Penalties apply to individuals convicted of this specific offense, separate from other unlicensed operation offenses and negligent driving statutes.

Procedural/timeline aspects

Sponsor and committee: Introduced in the Senate (May 15, 2026) by Sen. Martinez; referred to the Committee on Transportation (and co-sponsored by Monica Martinez).

Effective date: The act would take effect on November 1 of the year following enactment (the first of November next succeeding enactment).

Notes and context

The bill is named the “Bryant Ortiz act.”

It adds a targeted aggravated unlicensed operation offense specifically tied to fatalities, creating a stricter, clearly defined criminal consequence for unlicensed driving that results in death.

Existing law (as of the bill’s text) classifies aggravated unlicensed operation differently; this bill elevates the conduct to a Class E felony when death results.

Practical implications

Prosecutors would have a distinct statutory framework to pursue when a death occurs due to unlicensed operation.

Judges would apply the mandatory minimum fine and the standard Class E felony sentencing spectrum upon conviction.

The bill does not appear to alter other related driving offenses or penalties outside the described scenario.