A07161 Summary:

BILL NOA07161
 
SAME ASNo Same As
 
SPONSORGalef
 
COSPNSRZebrowski, Mosley, Paulin, D'Urso, Lawrence, Montesano
 
MLTSPNSR
 
Add 1182-c, V & T L
 
Relates to the seizure and redemption of vehicles used in illegal races, exhibitions or contests of speed.
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A07161 Actions:

BILL NOA07161
 
04/10/2019referred to transportation
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A07161 Committee Votes:

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A07161 Floor Votes:

There are no votes for this bill in this legislative session.
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A07161 Text:



 
                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

        A. 7161                             3
 
     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.
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