NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4158
SPONSOR: Sayegh TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the seizure
and redemption of vehicles used in illegal races, exhibitions or
contests of speed
PURPOSE:
The legislation will discourage illegal drag races and contests of speed
by enabling law enforcement to seize vehicles involved in such incl.
dents.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new section 1182-c to the Vehicle and Traffic Law to
permit the seizure, forfeiture and redemption of vehicles used in ille-
gal races, exhibitions or contests of speed, as follows:
(1) Upon arrest or issuance of a summons or an appearance ticket for
illegal races, exhibitions or contests of speed, the officer may impound
the vehicle. The vehicle will then be entered into the New York state-
wide police information network as impounded, and the owner and local
authority will be notified.
(2) Subject to certain exceptions, the impounded vehicle is not to be
released unless the redeemer furnishes evidence of registration and
financial security, and pays removal and storage fees. The registered
owner is responsible for such payments, provided, however, if the owner
was not the operator at the time, the owner shall have a cause of action
against such operator to recover such costs. If the offense was commit-
ted by the vehicle's owner, then the redeemer must have:
a. a valid license, and
b. at least one of the following: (i) evidence that the relevant crimi-
nal action has been terminated, and criminal fines imposed have been
paid, or (ii) an appropriate certificate issued by the relevant court
ordering release of the vehicle, or (iii) a certificate issued by the
district attorney or other proper officer permitting release of the
vehicle.
(3) Once a seized and impounded vehicle has been in the custody of the
local authority for 30 days, such authority shall notify the owner and
lienholder (if any), and if the vehicle is not retrieved within 30 days
of such notice, the vehicle will be forfeited.
(4) A motor vehicle that has been seized and not retrieved shall be
forfeited to the local authority upon expiration of the period of
notice. However, the period of time during which a criminal prosecution
is or was pending against the owner for the relevant offense is excluded
from the determination of the relevant period of notice. The subpara-
graph provides further details of the forfeiture process, including
release of the vehicle in limited circumstances.
(5) A motor vehicle forfeited shall become the property of the local
authority, subject to any lien that was recorded prior to the seizure.
(6) This paragraph defines "local authority".
(7) When a vehicle has been seized, it must be made available to the
owner or designated person for the purpose of retrieving personal prop-
erty within the vehicle, or to obtain proof of registration, title, etc.
Section 2 establishes the effective date.
JUSTIFICATION:
While the punishment for drag racing in New York State involves fines
and/or jail time, the number of incidents involving drag racing on our
roads continues to be problematic. With horrific drag racing crashes
such those occurring in 2020 in Queens (killing an off-duty police offi-
cer), in 2014 in Farmingdale (killing five teenagers), in 2016 in
Rochester• (killing a pedestrian), and in 2009 in Queens (killing a
12-year old boy), we are long overdue for. augmenting the consequences
for illegal drag racing. To add to the innate dangers of this illegal
conduct, unlicensed drag racing events often involve, or result in,
ancillary criminal activities. This was made all too clear on in 2015,
in Yonkers, when 23-year-old Michael Nolan, an innocent bystander who
had a promising future as a newly drafted Oakland A's baseball player,
was killed in a drive-by shooting which stemmed from events associated
with a drag race. These events• illustrate the lack of regard that
participants in illegal racing activities have for the potentially dead-
ly toll of their actions and the larger threat to public safety. It is
time we deprived drag racers of what they need in order to race - their
cars.
By providing for the seizure of a vehicle that was used in an illegal
drag race, we will not only be adding another deterrent to this reckless
act, but also a new layer of public safety protection by taking these
vehicles off the streets and out of the hands of those who operate them
with wanton disregard for human life. This law will provide our public
safety officials with an additional tool to combat the unintended conse-
quences of such recklessness.
New York State would not be the first state to adopt vehicle seizure
laws in response to illegal drag racing - a number of other states have
taken similar actions, as have local jurisdictions such as Suffolk Coun-
ty and the City of Yonkers.
PRIOR LEGISLATIVE HISTORY:
2023/24: S2295 (Mayer) / A8848 (Sayegh): referred to Transportation
2021/22: S1082 (Mayer) / A6624 (Galef): referred to Transportation
(2021); referred to Transportation (2022)
2019/20:S8629(Mayer)/A7161(Galef): referred to Rules (2020)
2017/18:S8566(Mayer)/A8649(Galef): referred to Transportation (2018)
FISCAL IMPLICATIONS:
There are no negative fiscal implications associated with the passage of
this legislation.
EFFECTIVE DATE:
This act shall take effect 90 days after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
4158
2025-2026 Regular Sessions
IN ASSEMBLY
January 31, 2025
___________
Introduced by M. of A. SAYEGH, SHIMSKY, GLICK, DeSTEFANO, McDONOUGH --
read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the seizure
and redemption of vehicles used in illegal races, exhibitions or
contests of speed
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1182-c to read as follows:
3 § 1182-c. Seizure and redemption of vehicles used in illegal races,
4 exhibitions or contests of speed. 1. Upon making an arrest or upon issu-
5 ing a summons or an appearance ticket for a violation of section eleven
6 hundred eighty-two of this article committed in their presence, an offi-
7 cer may remove or arrange for the removal of the vehicle to a garage,
8 automobile pound, or other place of safety where it shall remain
9 impounded, subject to the provisions of this section. Such vehicle shall
10 be entered into the New York statewide police information network as an
11 impounded vehicle and the impounding police department shall promptly
12 notify the owner and the local authority that the vehicle has been
13 impounded.
14 2. A motor vehicle so impounded shall be in the custody of the local
15 authority and shall not be released unless:
16 (a) The person who redeems it has furnished satisfactory evidence of
17 registration and financial security.
18 (b) Payment has been made for the reasonable costs of removal and
19 storage of the motor vehicle. The registered owner of the vehicle shall
20 be responsible for such payment provided, however, that if such owner
21 was not the operator at the time of the offense such owner shall have a
22 cause of action against such operator to recover such costs. Payment
23 prior to release of the vehicle shall not be required in cases where the
24 impounded vehicle was stolen or was rented or leased pursuant to a writ-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07614-01-5
A. 4158 2
1 ten agreement for a period of thirty days or less, however the operator
2 of such a vehicle shall be liable for the costs of removal and storage
3 of the vehicle to any entity rendering such service.
4 (c) Where the motor vehicle was operated by a person who at the time
5 of the offense was the owner thereof, (i) satisfactory evidence that the
6 registered owner or other person seeking to redeem the vehicle has a
7 license or privilege to operate a motor vehicle in this state, and (ii)
8 (A) satisfactory evidence that the criminal action founded upon the
9 charge of a violation of section eleven hundred eighty-two of this arti-
10 cle has been terminated and that any fine imposed as a result of a
11 conviction thereon has been paid, or (B) a certificate issued by the
12 court in which the criminal action was commenced ordering release of the
13 vehicle prior to the judgment or compliance therewith in the interest of
14 justice, or (C) a certificate issued by the district attorney or other
15 officer authorized to prosecute such charge waiving the requirement that
16 the vehicle be held as security for appearance before and compliance
17 with the judgment of the court.
18 3. When a vehicle seized and impounded pursuant to this section has
19 been in the custody of the local authority for thirty days, such author-
20 ity shall make inquiry in the manner prescribed by the commissioner as
21 to the name and address of the owner and any lienholder and upon receipt
22 of such information shall notify the owner and the lienholder, if any,
23 at such owner or lienholder's last known address by certified mail,
24 return receipt requested, that if the vehicle is not retrieved pursuant
25 to subdivision two of this section within thirty days from the date the
26 notice is given, it will be forfeited. If the vehicle was registered in
27 New York the last known address shall be that address on file with the
28 commissioner. If the vehicle was registered out-of-state or never regis-
29 tered, notification shall be made in the manner prescribed by the
30 commissioner.
31 4. A motor vehicle that has been seized and not retrieved pursuant to
32 the foregoing provisions of this section shall be forfeited to the local
33 authority upon expiration of the period of the notice set forth in
34 subdivision three of this section provided, however, in computing such
35 period, the period of time during which a criminal prosecution is or was
36 pending against the owner for a violation of this section shall be
37 excluded. A proceeding to decree such forfeiture and to recover towing
38 and storage costs, if any, to the extent such costs exceed the fair
39 market value of the vehicle may be brought by the local authority in the
40 court in which the criminal action for aggravated unlicensed operation
41 of a motor vehicle was commenced by petition for an order decreeing
42 forfeiture of the motor vehicle accompanied by an affidavit attesting to
43 facts showing that forfeiture is warranted. If the identity and address
44 of the owner and/or lienholder is known to the local authority, ten days
45 notice shall be given to such party, who shall have an opportunity to
46 appear and be heard prior to entry of an order decreeing forfeiture.
47 Where the court is satisfied that forfeiture of a motor vehicle is
48 warranted in accordance with this section, it shall enter an order
49 decreeing forfeiture of such vehicle. Provided, however, that the court
50 at any time prior to entry of such an order may authorize release of the
51 vehicle in accordance with subdivision two of this section upon a show-
52 ing of good cause for failure to retrieve same prior to commencement of
53 the proceeding to decree forfeiture, but if the court orders release of
54 the motor vehicle as herein provided and the vehicle is not redeemed
55 within ten days from the date of such order, the vehicle shall be deemed
A. 4158 3
1 to have been abandoned and the court upon application of the local
2 authority must enter an order decreeing its forfeiture.
3 5. A motor vehicle forfeited in accordance with the provisions of this
4 section shall be and become the property of the local authority, subject
5 however to any lien that was recorded prior to the seizure.
6 6. For the purposes of this section, the term "local authority" means
7 the municipality in which the motor vehicle was seized; except that if
8 the motor vehicle was seized on property of the New York state thruway
9 authority or property under the jurisdiction of the office of parks,
10 recreation and historic preservation, the department of transportation,
11 or a public authority or commission, the term "local authority" means
12 such authority, office, department, or commission. A county may provide
13 by local law that the county may act as the agent for a local authority
14 under this section.
15 7. When a vehicle has been seized and impounded pursuant to this
16 section, the local authority or any person having custody of the vehicle
17 shall make the vehicle available or grant access to it to any owner or
18 any person designated or authorized by such owner for the purpose of (i)
19 taking possession of any personal property found within the vehicle and
20 (ii) obtaining proof of registration, financial security, title or
21 documentation in support thereof.
22 § 2. This act shall take effect on the ninetieth day after it shall
23 have become a law.
