Creates the crime of unlawfully lending a motor where a person knowingly permits operation by a person whose license has been suspended or revoked for an alcohol related offense, and provides for impoundment of a vehicle if such permittee is charged with driving while intoxicated; directs that such impoundment shall be ordered at arraignment and shall last the shorter of 30 days or the duration of the prosecution.
STATE OF NEW YORK
________________________________________________________________________
2233
2011-2012 Regular Sessions
IN SENATE
January 18, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to creating the crime of
unlawful lending of a motor vehicle and to amend the vehicle and traf-
fic law, in relation to impoundment of a motor vehicle
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 270.40 to
2 read as follows:
3 § 270.40 Unlawful lending of a motor vehicle.
4 A person is guilty of unlawful lending of a motor vehicle when, as
5 owner of a vehicle, he or she knowingly permits operation of such vehi-
6 cle by a person known to have a revoked or suspended license, where such
7 revocation or suspension resulted from a violation of subdivision two,
8 two-a or three of section eleven hundred ninety-two of the vehicle and
9 traffic law.
10 Unlawful lending of a motor vehicle is a class A misdemeanor.
11 § 2. Section 1193 of the vehicle and traffic law is amended by adding
12 a new subdivision 3 to read as follows:
13 3. Vehicle impoundment pending prosecution. (a) A court shall order
14 the impoundment, pending prosecution, of a motor vehicle operated by a
15 person charged with a violation of subdivision two, two-a or three of
16 section eleven hundred ninety-two of this article, where the operator:
17 (1) has been convicted of a violation of subdivision two, two-a or
18 three of section eleven hundred ninety-two of this article two or more
19 times in the preceding five years; or
20 (2) is alleged to be operating such vehicle without a valid license.
21 (b) In order for the court to order such impoundment it must find:
22 (1) that the accusatory instrument conforms to the requirements of
23 section 100.40 of the criminal procedure law;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07057-01-1
S. 2233 2
1 (2) that there exists reasonable cause to believe that the accused
2 operated a motor vehicle while such holder had .08 of one percent or
3 more by weight of alcohol in his or her blood as was shown by chemical
4 analysis of such person's blood, urine or saliva, made pursuant to the
5 provisions of section eleven hundred ninety-four of this article; and
6 (3) that the accused has either (i) been convicted of a violation of
7 subdivision two, two-a or three of section eleven hundred ninety-two of
8 this article two or more times in the preceding five years or (ii) does
9 not hold a valid license to operate a vehicle.
10 (c) At the time of such vehicle impoundment, the operator shall be
11 entitled to an opportunity to make a statement regarding the court's
12 findings under paragraph (b) of this subdivision and to present evidence
13 tending to rebut the court's findings.
14 (d) The impoundment occurring under this section shall be ordered no
15 later than at the conclusion of all proceedings required for the
16 arraignment; provided however, that if the results of any test adminis-
17 tered pursuant to section eleven hundred ninety-four of this article are
18 not available within such time period, the complainant police officer or
19 other public servant shall transmit such results to the court at the
20 time they become available, and the court shall, as soon as practicable
21 following the receipt of such results and in compliance with the
22 requirements of this subdivision, order such vehicle impounded.
23 (e) Impoundment shall continue for thirty days or until the prose-
24 cution has concluded, whichever comes first, and all costs related to
25 such impoundment and subsequent storage shall be borne by the operator;
26 provided, however, that the court may order the vehicle returned to its
27 owner at any time where the owner petitions the court to order the vehi-
28 cle's release, so long as:
29 (1) the petitioner is not the operator charged with a violation of
30 subdivision two, two-a or three of section eleven hundred ninety-two of
31 this article,
32 (2) the petitioner is not charged with a violation of section 270.40
33 of the penal law, and
34 (3) all costs related to the vehicle's impoundment and storage have
35 been paid.
36 (f) If any impoundment ordered under this subdivision has been in
37 effect for a period of thirty days, the court must order the vehicle
38 returned to its owner, provided that the owner has paid all costs
39 related to the impoundment and subsequent storage of the vehicle.
40 § 3. This act shall take effect on the first of November next succeed-
41 ing the date on which it shall have become a law, and shall apply to
42 offenses committed on or after such date.
