STATE OF NEW YORK
________________________________________________________________________
7161
2019-2020 Regular Sessions
IN ASSEMBLY
April 10, 2019
___________
Introduced by M. of A. GALEF, ZEBROWSKI, MOSLEY, PAULIN, D'URSO,
LAWRENCE, MONTESANO -- read once and referred to the Committee on
Transportation
AN ACT to amend the vehicle and traffic law, in relation to the seizure
and redemption of vehicles used in illegal races, exhibitions or
contests of speed
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 1182-c to read as follows:
3 § 1182-c. Seizure and redemption of vehicles used in illegal races,
4 exhibitions or contests of speed. 1. Upon making an arrest or upon issu-
5 ing a summons or an appearance ticket for a violation of section eleven
6 hundred eighty-two of this article committed in his or her presence, an
7 officer may remove or arrange for the removal of the vehicle to a
8 garage, automobile pound, or other place of safety where it shall remain
9 impounded, subject to the provisions of this section. Such vehicle shall
10 be entered into the New York statewide police information network as an
11 impounded vehicle and the impounding police department shall promptly
12 notify the owner and the local authority that the vehicle has been
13 impounded.
14 2. A motor vehicle so impounded shall be in the custody of the local
15 authority and shall not be released unless:
16 (a) The person who redeems it has furnished satisfactory evidence of
17 registration and financial security.
18 (b) Payment has been made for the reasonable costs of removal and
19 storage of the motor vehicle. The registered owner of the vehicle shall
20 be responsible for such payment provided, however, that if he or she was
21 not the operator at the time of the offense he or she shall have a cause
22 of action against such operator to recover such costs. Payment prior to
23 release of the vehicle shall not be required in cases where the impound-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06026-01-9
A. 7161 2
1 ed vehicle was stolen or was rented or leased pursuant to a written
2 agreement for a period of thirty days or less, however the operator of
3 such a vehicle shall be liable for the costs of removal and storage of
4 the vehicle to any entity rendering such service.
5 (c) Where the motor vehicle was operated by a person who at the time
6 of the offense was the owner thereof, (i) satisfactory evidence that the
7 registered owner or other person seeking to redeem the vehicle has a
8 license or privilege to operate a motor vehicle in this state, and (ii)
9 (A) satisfactory evidence that the criminal action founded upon the
10 charge of a violation of section eleven hundred eighty-two of this arti-
11 cle has been terminated and that any fine imposed as a result of a
12 conviction thereon has been paid, or (B) a certificate issued by the
13 court in which the criminal action was commenced ordering release of the
14 vehicle prior to the judgment or compliance therewith in the interest of
15 justice, or (C) a certificate issued by the district attorney or other
16 officer authorized to prosecute such charge waiving the requirement that
17 the vehicle be held as security for appearance before and compliance
18 with the judgment of the court.
19 3. When a vehicle seized and impounded pursuant to this section has
20 been in the custody of the local authority for thirty days, such author-
21 ity shall make inquiry in the manner prescribed by the commissioner as
22 to the name and address of the owner and any lienholder and upon receipt
23 of such information shall notify the owner and the lienholder, if any,
24 at his or her last known address by certified mail, return receipt
25 requested, that if the vehicle is not retrieved pursuant to subdivision
26 two of this section within thirty days from the date the notice is
27 given, it will be forfeited. If the vehicle was registered in New York
28 the last known address shall be that address on file with the commis-
29 sioner. If the vehicle was registered out-of-state or never registered,
30 notification shall be made in the manner prescribed by the commissioner.
31 4. A motor vehicle that has been seized and not retrieved pursuant to
32 the foregoing provisions of this section shall be forfeited to the local
33 authority upon expiration of the period of the notice set forth in
34 subdivision three of this section provided, however, in computing such
35 period, the period of time during which a criminal prosecution is or was
36 pending against the owner for a violation of this section shall be
37 excluded. A proceeding to decree such forfeiture and to recover towing
38 and storage costs, if any, to the extent such costs exceed the fair
39 market value of the vehicle may be brought by the local authority in the
40 court in which the criminal action for aggravated unlicensed operation
41 of a motor vehicle was commenced by petition for an order decreeing
42 forfeiture of the motor vehicle accompanied by an affidavit attesting to
43 facts showing that forfeiture is warranted. If the identity and address
44 of the owner and/or lienholder is known to the local authority, ten days
45 notice shall be given to such party, who shall have an opportunity to
46 appear and be heard prior to entry of an order decreeing forfeiture.
47 Where the court is satisfied that forfeiture of a motor vehicle is
48 warranted in accordance with this section, it shall enter an order
49 decreeing forfeiture of such vehicle. Provided, however, that the court
50 at any time prior to entry of such an order may authorize release of the
51 vehicle in accordance with subdivision two of this section upon a show-
52 ing of good cause for failure to retrieve same prior to commencement of
53 the proceeding to decree forfeiture, but if the court orders release of
54 the motor vehicle as herein provided and the vehicle is not redeemed
55 within ten days from the date of such order, the vehicle shall be deemed
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1 to have been abandoned and the court upon application of the local
2 authority must enter an order decreeing its forfeiture.
3 5. A motor vehicle forfeited in accordance with the provisions of this
4 section shall be and become the property of the local authority, subject
5 however to any lien that was recorded prior to the seizure.
6 6. For the purposes of this section, the term "local authority" means
7 the municipality in which the motor vehicle was seized; except that if
8 the motor vehicle was seized on property of the New York state thruway
9 authority or property under the jurisdiction of the office of parks,
10 recreation and historic preservation, the department of transportation,
11 or a public authority or commission, the term "local authority" means
12 such authority, office, department, or commission. A county may provide
13 by local law that the county may act as the agent for a local authority
14 under this section.
15 7. When a vehicle has been seized and impounded pursuant to this
16 section, the local authority or any person having custody of the vehicle
17 shall make the vehicle available or grant access to it to any owner or
18 any person designated or authorized by such owner for the purpose of (i)
19 taking possession of any personal property found within the vehicle and
20 (ii) obtaining proof of registration, financial security, title or
21 documentation in support thereof.
22 § 2. This act shall take effect on the ninetieth day after it shall
23 have become a law.
