Requires police departments to electronically transmit to parking violations bureaus a copy of each stolen vehicle report prepared (within 5 days of the completion thereof); provides that for the purposes of an owner asserting a defense to a charge of parking violation (that the motor vehicle had been reported stolen and had not been recovered by such time), it shall be a sufficient defense that a copy of the electronically transmitted police report is on file with the parking violations bureau.
STATE OF NEW YORK
________________________________________________________________________
2438
2021-2022 Regular Sessions
IN ASSEMBLY
January 19, 2021
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring
police departments to electronically transmit to parking violations
bureaus a copy of each report of stolen vehicle prepared
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 239 of the vehicle and traffic
2 law, as added by chapter 180 of the laws of 1980, is amended to read as
3 follows:
4 3. Stolen vehicles. If any owner of a motor vehicle receives a notice
5 of violation for a period during which the illegally parked vehicle was
6 reported to any police department as having been stolen, it shall be a
7 valid defense to any charge of a parking violation that the motor vehi-
8 cle had been reported to the police as stolen prior to the time the
9 violation occurred and had not been recovered by such time. The police
10 department shall electronically transmit to the parking violations
11 bureau, who shall receive and keep on file, a copy of each report of
12 stolen vehicle within five days of the report's completion. For the
13 purposes of asserting the defense provided by this subdivision, it shall
14 be a sufficient defense that [a]:
15 a. A copy of the electronically transmitted police report of the
16 stolen vehicle is on file with the parking violations bureau, or
17 b. A certified copy of the police report of the stolen vehicle [be]
18 has been mailed to the parking violations bureau.
19 § 2. This act shall take effect on the thirtieth day after it shall
20 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00421-01-1