A00633 Summary:

BILL NO    A00633 

SAME AS    No same as 

SPONSOR    Gantt

COSPNSR    

MLTSPNSR   

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.
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A00633 Actions:

BILL NO    A00633 

01/07/2015 referred to transportation
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A00633 Votes:

There are no votes for this bill in this legislative session.
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A00633 Memo:

BILL NUMBER:A633

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
vehicle 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 insurance, 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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A00633 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          633

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                      (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    S 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.
                                                                  LBD02838-01-5
       A. 633                              2

    1    S 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    S 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.
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