|SAME AS||No Same As|
|Amd SS1180 & 354, V & T L|
|Requires when a plea of guilty is entered in satisfaction of certain traffic charges that such fact should be recorded on the certificate required to be filed with the commissioner of motor vehicles.|
|01/07/2015||referred to transportation|
|01/06/2016||referred to transportation|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A633 SPONSOR: Gantt
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to certain pleas of guilty to be recorded on a driver's record   PURPOSE: To ensure that judges and prosecutors considering negotiated plea agreements know when a defendant's prior convictions are the result of guilty pleas entered in satisfaction of charges of speeding.   SUMMARY OF PROVISIONS: Section 1 would amend section 1180 of the vehi- cle and traffic law to require that, when a person satisfies a charge of speeding by entering a plea of guilty to another charge, the Department of Motor Vehicles be notified that the conviction being reported is the result of a plea and also the charge which was satisfied by such plea. Section 2 would require the department of motor vehicles to list the information reported under section one of this bill on a driver's abstract.   JUSTIFICATION: According to an article appearing in the February 15, 2005 Schenectady Daily Gazette, a bicyclist was killed by a young driver who had three previous convictions, in different jurisdictions within this State, which resulted from plea agreements satisfying speeding charges. Had the judge and prosecutor in the second and third cases been aware that this driver had previous recent speeding charges pled down to a lesser charge, a plea agreement may have been less likely. While many drivers may routinely drive at unsafe speeds, speeding is a serious and dangerous offense. Speeding is a major factor in fatal accidents. According to the National Highway Traffic Safety Administration's National Center for Statistics and Analysis's Traffic Safety Facts: 2003 Data. Speeding fact sheet, speeding accounted for thirty-one (31) percent of all fatal accidents in 2003, and just over thirty-two (32) percent of fatal accidents in New York State. First time speeding offenses and minor speeding violations are routinely pled down to nonmoving violations or other offenses which do not carry "points" which can increase insurance premiums and may eventually lead to a license suspension or revocation. However, the plea agreements are less common in cases where repeat offenders show that fines imposed following such pleas do not dissuade them from driving too fast. This legislation will help to ensure that judges and prosecutors at least know when defendants have had recent speeding charges satisfied by pleas to lesser offenses. It must also be noted that the notice that conviction was the result of a plea satisfying a speeding charge will appear on a driver's abstract of their operating record under this legislation, but such information will not be grounds for imposing a surcharge on their automobile insur- ance, because Section 2335 of the Insurance Law strictly prescribes the grounds for imposing such surcharges, and only certain speeding convictions may be grounds for increasing insurance rates.   LEGISLATIVE HISTORY: 2009-2010:A.605 2011-2012:A.1291 2013-2014:A.1027   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: On the first of September next succeeding the date on which it shall have become a law.
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STATE OF NEW YORK ________________________________________________________________________ 633 2015-2016 Regular Sessions IN ASSEMBLY (Prefiled) January 7, 2015 ___________ Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to certain pleas of guilty to be recorded on a driver's record The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision (h) of section 1180 of 2 the vehicle and traffic law, as amended by chapter 173 of the laws of 3 1990, is amended to read as follows: 4 Upon a conviction for a violation of subdivision (b), (c), (d), (f) or 5 (g) of this section, the court shall record the speed upon which the 6 conviction was based on the certificate required to be filed with the 7 commissioner pursuant to section five hundred fourteen of this chapter, 8 or if the conviction occurs in an administrative tribunal established 9 pursuant to article two-A of this chapter, the speed upon which the 10 conviction was based shall be entered in the department's records. When 11 the charge laid before the court, or administrative tribunal established 12 pursuant to article two-A of this chapter, alleges a violation of subdi- 13 vision (b), (c), (d), (f) or (g) of this section, and when any plea of 14 guilty is entered in satisfaction of such charge the court or tribunal 15 shall record the fact that such conviction arose from a plea of guilty 16 in satisfaction of such charge and the charge which was satisfied by 17 such plea on the certificate required to be filed with the commissioner 18 pursuant to section five hundred fourteen of this chapter; provided, 19 however, that the court or tribunal, upon a finding that the facts of 20 the case would not warrant a charge for such offense, may direct that 21 such certificate only reflect the charge to which such plea was entered 22 and shall set forth upon the record the reasons for such finding. 23 § 2. Section 354 of the vehicle and traffic law, as amended by chapter 24 61 of the laws of 1989, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02838-01-5A. 633 2 1 § 354. Commissioner to furnish operating record. The commissioner 2 shall upon request furnish any insurance carrier or any person an 3 abstract of the operating record of any person subject to the provisions 4 of this article, which abstract shall include enumeration of any 5 convictions of such person of a violation of any provision of any stat- 6 ute relating to the operation of a motor vehicle, including, such infor- 7 mation required to be reported to the commissioner pursuant to subdivi- 8 sion (h) of section eleven hundred eighty of this chapter or any 9 accidents in which a motor vehicle driven by such person has been 10 involved during the current calendar year and the three calendar years 11 preceding that in which the request for the operating record is received 12 and if specifically requested shall also fully designate the motor vehi- 13 cles, if any, registered in the name of such person and the name of the 14 insurer insuring such motor vehicle, for the registration year in which 15 the request for the operating record is received. A request for an 16 abstract of an operating record shall be subject to the provisions of 17 section two hundred two of this chapter. 18 § 3. This act shall take effect on the first of November next succeed- 19 ing the date on which it shall have become a law and shall apply to all 20 offenses committed on or after such effective date. Effective immediate- 21 ly the addition, amendment or repeal of any rule or regulation necessary 22 for the implementation of this act on its effective date is authorized 23 and to be made on or before such date.