A06374 Summary:

BILL NOA06374
 
SAME ASSAME AS S00947
 
SPONSORDenDekker
 
COSPNSR
 
MLTSPNSR
 
Amd §503, V & T L
 
Provides a sixty day stay of suspension and revocation of licenses and registrations of military service personnel while on active duty.
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A06374 Actions:

BILL NOA06374
 
03/06/2017referred to transportation
01/03/2018referred to transportation
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A06374 Committee Votes:

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A06374 Floor Votes:

There are no votes for this bill in this legislative session.
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A06374 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6374
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 6, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
          Committee on Transportation
 
        AN ACT to amend the vehicle and traffic  law,  in  relation  to  veteran
          suspended licenses
 
          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 503 of  the  vehicle  and  traffic
     2  law,  as  amended by chapter 548 of the laws of 1986, is amended to read
     3  as follows:
     4    3. Waiver of fee. (a) The commissioner may waive the payment  of  fees
     5  required by subdivision two of this section if the applicant:
     6    (i)  is  an inmate in an institution under the jurisdiction of a state
     7  department or agency, or
     8    (ii) is a victim of crime and the driver's license or learner's permit
     9  applied for is a replacement for one that was lost  or  destroyed  as  a
    10  result of the crime.
    11    (b) A military service member, including a member of the United States
    12  Army,  Navy,  Air  Force, Marines or Coast Guard, or a member of the New
    13  York army national guard, air national guard,  naval  militia  or  state
    14  guard,  whose license or registration is suspended or revoked during the
    15  pendency of active duty military service outside the state, shall,  upon
    16  the  submission  of proof of such active service to the commissioner, be
    17  lifted and vacated upon order of the commissioner,  without  cost,  fee,
    18  fine,  or  penalty.  Notwithstanding the provisions of this subdivision,
    19  the commissioner may impose a new suspension of  such  service  member's
    20  driver's  license or registration, after sixty days of the return of the
    21  service member from such active military service, or after sixty days of
    22  the lifting or vacating of the suspension or  revocation,  whichever  is
    23  later,  if  the  reason  upon  which  the  license  or  registration was
    24  originally suspended, has not been resolved. Prior to  the  issuance  of
    25  the  new  suspension  or  revocation,  the commissioner shall notify the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00542-01-7

        A. 6374                             2
 
     1  service member not less than thirty days before such new  suspension  or
     2  revocation  would  take effect. No suspension or revocation of a license
     3  of a service member shall be lifted or vacated in accordance  with  this
     4  subdivision, if such suspension or revocation was imposed as a result of
     5  a  court  order  issued prior to the date of the service member's active
     6  duty, in a proceeding in which the service member personally appeared.
     7    (c) Any action or proceeding resulting in the conviction  in  absentia
     8  of  a  military  service member, including a member of the United States
     9  Army, Navy, Air Force, Marines or Coast Guard, or a member  of  the  New
    10  York  army  national  guard,  air national guard, naval militia or state
    11  guard, for a violation of  the  vehicle  and  traffic  law  including  a
    12  violation  observed by a traffic-control signal photo violation-monitor-
    13  ing device or a photo speed  violation  monitoring  system,  during  the
    14  pendency  of active duty military service outside the state, shall, upon
    15  the submission of proof of such  active  service  to  the  commissioner,
    16  cause  the commissioner to notify the court where the service member was
    17  convicted, of the active duty service of the service  member,  whereupon
    18  such court shall immediately reverse and vacate such conviction, without
    19  cost,  fee,  fine,  or  penalty,  and  notify the service member of such
    20  action.  Notwithstanding the provisions of this subdivision,  the  court
    21  may  accept a refiling of the charges upon which such service member was
    22  originally convicted, without prejudice,  by  a  prosecuting  authority,
    23  after  sixty  days  of the return of the service member from such active
    24  military service, or after sixty days of the reversing  or  vacating  of
    25  the original conviction, whichever is later. If the original charges are
    26  so  refiled,  the  court  shall  notify the service member not less than
    27  thirty days before such charges must be answered.  No  conviction  of  a
    28  service  member  shall  be  reversed  or vacated in accordance with this
    29  subdivision, if such conviction was imposed prior to  the  date  of  the
    30  service  member's  active  duty,  in  a  proceeding in which the service
    31  member personally appeared.
    32    § 2. This act shall take effect on the first of November next succeed-
    33  ing the date on which it shall have become a law.
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