Authorizes the commissioner of motor vehicles to suspend a person's driver's license subject to an outstanding warrant of arrest, bench warrant or superior court warrant of arrest; directs commissioner to develop a program and procedure for the implementation of such suspension; provides that a person shall receive notice that the license shall be suspended and further allows a person to restore such license upon the person furnishing sufficient proof that the warrant has been recalled or fails to exist.
STATE OF NEW YORK
________________________________________________________________________
179
2017-2018 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 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 authorizing
the commissioner of motor vehicles to suspend a person's driver's
license subject to an outstanding warrant of arrest, bench warrant or
superior court warrant of arrest
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 510-e to read as follows:
3 § 510-e. Suspension of licenses subject to an outstanding warrant of
4 arrest. 1. Notwithstanding any other provision of law, the commissioner
5 or the commissioner's agent shall have the power to revoke the license
6 to drive a motor vehicle or motorcycle of any person against whom a
7 warrant of arrest, bench warrant or superior court warrant of arrest is
8 outstanding.
9 2. The commissioner is directed to develop and establish a program and
10 procedure which will allow the immediate denial of a license because a
11 person has an outstanding warrant of arrest, bench warrant or superior
12 court warrant of arrest. Such a program shall be designed in such a
13 manner that upon filing an application for a license, the license will
14 be denied to such person or where a license has been granted, the right
15 thereto shall be suspended upon notice that such an outstanding warrant
16 in fact exists. As part of such program the division of criminal justice
17 services shall explore the feasibility of providing general computer
18 access to all outstanding warrants of arrest.
19 3. A person shall receive notice that the license shall be suspended
20 in ninety days due to an outstanding warrant unless such person
21 furnishes proof to the commissioner that such warrant has been recalled
22 or fails to exist.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01463-01-7
A. 179 2
1 4. A license may be restored by direction of the commissioner upon
2 such person furnishing sufficient proof that the warrant has been
3 recalled.
4 § 2. This act shall take effect on the first of January next succeed-
5 ing the date on which it shall have become a law. Effective immediate-
6 ly, the addition, amendment and/or repeal of any rule or regulation
7 necessary for the implementation of this act on its effective date are
8 authorized to be made on or before such effective date.