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A01264 Summary:

BILL NOA01264
 
SAME ASNo Same As
 
SPONSORGantt
 
COSPNSR
 
MLTSPNSR
 
Amd 511, V & T L
 
Allows installment payments upon conviction for aggravated unlicensed operation of a motor vehicle.
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A01264 Actions:

BILL NOA01264
 
01/11/2017referred to transportation
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A01264 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1264
 
SPONSOR: Gantt
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to allowing installment payments upon conviction of aggravated unlicensed operation of a motor vehicle   PURPOSE OR GENERAL IDEA OF BILL: To provide defendants convicted of second or third degree aggravated unlicensed operation of a motor vehicle with an option to pay a judgment in installments upon an order granted at the discretion of the court.   SUMMARY OF SPECIFIC PROVISIONS: This bill would amend section 511 of the vehicle and traffic law to permit a defendant convicted of second or third degree aggravated unli- censed operation of a motor vehicle with an option to pay a judgment in installments after providing proof of his financial responsibility in the future and obtaining an order from the court permitting payment of such judgment in installments.   JUSTIFICATION: Embattled by an economic downturn, households throughout New York State are finding it increasingly difficult to weather the storm and provide for their families. Add a traffic-related fine into their cost column and for the millions of hard working New Yorkers living paycheck to paycheck the-difficult but doable becomes impossible. In providing them an option to pay a judgment in installments we help working-class motor- ists keep their finances on track, while offering others a practical path back to their license. A valid license in the hands of more drivers on the road would lead to a reduction in the occurrence of the "snowball effect," whereby a person with a suspended license due to an inability to pay a fine continues to drive and get stopped, incurring additional fines on top of the initial fine he was financially unable to pay. Moreover, New York State Vehicle and Traffic Law provides precedent for offering such an opportunity, affording a defendant convicted of an alcohol or drug-related offense with the choice of whether to pay a "Driver Responsibility Assessment" fee in installments.   PRIOR LEGISLATIVE HISTORY: 2011-2012:A.9171 2013-2014:A.1617 2015-2016:A.1145   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately
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A01264 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1264
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2017
                                       ___________
 
        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  allowing
          installment  payments  upon conviction of aggravated unlicensed opera-
          tion of a motor vehicle
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  511 of the vehicle and traffic law is amended by
     2  adding a new subdivision 8 to read as follows:
     3    8. Suspension waived upon payment of judgment in  installments.    (a)
     4  The  commissioner shall not suspend a license or registration of a motor
     5  vehicle under this section, and shall restore any license  or  registra-
     6  tion  suspended  following  non-payment of a judgment, when the judgment
     7  debtor gives proof of his financial  responsibility  in  the  future  as
     8  hereinafter provided, and when the judgment debtor obtains an order from
     9  the court in which such judgment was rendered, permitting the payment of
    10  such  judgment  in  installments,  and  while  the  payment  of any said
    11  installment is not in default.
    12    (b) A judgment debtor upon five days' notice to the judgment  creditor
    13  may apply to the court in which such judgment was obtained for the priv-
    14  ilege  of  paying  such  judgment  in installments and the court, in its
    15  discretion and without prejudice to any other legal remedies  which  the
    16  judgment  creditor  may have, may so order, fixing the amounts and times
    17  of payment of the installments.
    18    (c) In the event the judgment debtor fails to pay any  installment  as
    19  permitted  by  the  order of the court, then upon notice of such default
    20  the commissioner shall forthwith suspend the  license  and  registration
    21  certificates  and  registration plates of the judgment debtor until such
    22  judgment is satisfied as provided in this article.
    23    (d) Provided, however, if the judgment creditor consents  in  writing,
    24  in such form as the commissioner may prescribe, that the judgment debtor
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02037-01-7

        A. 1264                             2
 
     1  be  allowed  license  and  registration  the  same may be allowed by the
     2  commissioner, in his discretion, notwithstanding default in the  payment
     3  of such judgment or of any installments thereof, for six months from the
     4  date  of  such  consent  and thereafter until such consent is revoked in
     5  writing, if the judgment debtor furnishes proof of his financial respon-
     6  sibility in the future as hereinafter provided.
     7    § 2. This act shall take effect immediately.
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