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S07053 Summary:

S07053 Actions:

S07053 Committee Votes:

S07053 Floor Votes:

S07053 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7053--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      May 26, 2021
                                       ___________
 
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee
 
        AN ACT to amend the vehicle and traffic law, in relation to the  suspen-
          sion of a license to drive a motor vehicle or motorcycle
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Paragraph (a) of subdivision 3 of section 226 of the vehi-
     2  cle and traffic law, as amended by chapter 76 of the laws  of  2021,  is
     3  amended to read as follows:
     4    (a)  If the person charged with the violation shall fail to answer the
     5  summons as provided herein, the commissioner may suspend  such  person's
     6  license  or  driving privilege or, if the charge involves a violation of
     7  section three hundred eighty-five, section four hundred one  or  section
     8  five  hundred  eleven-a  of this chapter by a registrant who was not the
     9  operator of the vehicle, the registration of such vehicle or the  privi-
    10  lege  of  operation of any motor vehicle owned by such registrant may be
    11  suspended, until such person shall answer as provided in subdivision two
    12  of this section, or has paid or has entered into an installment  payment
    13  plan to pay the fine associated with a conviction entered as a result of
    14  the  failure to appear in response to such summons, or the defendant has
    15  been acquitted of the charge that led to the suspension or  such  charge
    16  was  otherwise dismissed. If a person shall fail to appear at a hearing,
    17  when such is provided  for  pursuant  to  this  section,  such  person's
    18  license,  or  registration or privilege of operating or of operation, as
    19  appropriate, may be suspended pending appearance at a  subsequent  hear-
    20  ing,  or the disposition of the charges involved. Any suspension permit-
    21  ted by this subdivision, if already in effect, may be terminated  or  if
    22  not  yet  in effect, may be withdrawn or withheld, prior to the disposi-
    23  tion of the charges involved if such person shall appear and post  secu-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11650-06-1
        S. 7053--A                          2
 
     1  rity  in  the amount of forty dollars to guarantee his or her appearance
     2  at any required hearing. The security posted pursuant to  this  subdivi-
     3  sion  shall  be  returned upon appearance at the scheduled hearing or an
     4  adjourned  hearing  which  results in a final disposition of the charge,
     5  and otherwise shall be forfeited.  If  a  suspension  has  been  imposed
     6  pursuant  to  this  subdivision and the case is subsequently transferred
     7  pursuant to subdivision two of section two hundred twenty-five  of  this
     8  article, such suspension shall remain in effect until the person answers
     9  the  charges in the court to which the case was transferred. Any suspen-
    10  sion  issued  pursuant  to  this  paragraph  shall  be  subject  to  the
    11  provisions of paragraph (j-1) of subdivision two of section five hundred
    12  three of this chapter.
    13    §  2.  Paragraph  (a)  and  the  closing paragraph of paragraph (b) of
    14  subdivision 3 of section 514 of the vehicle and traffic law, as  amended
    15  by chapter 382 of the laws of 2020, are amended to read as follows:
    16    (a)  Upon  the  failure  of a person to appear or answer, within sixty
    17  days of the return date or any subsequent adjourned date, or the failure
    18  to pay a fine imposed by a court, pursuant to a summons charging him  or
    19  her  with  a  violation of any of the provisions of this chapter (except
    20  one for parking, stopping or standing), section five hundred two or five
    21  hundred twelve of the tax law, section fourteen-f, two hundred eleven or
    22  two hundred twelve of the transportation law or of any  law,  ordinance,
    23  rule  or  regulation  made  by  a  local  authority, relating to traffic
    24  (except for parking, stopping or standing), the trial court or the clerk
    25  thereof shall within ten days certify that fact to the commissioner,  in
    26  the manner and form prescribed by the commissioner, who shall record the
    27  same  in  his  or  her office. Thereafter and upon the appearance of any
    28  such person in response to such summons or the receipt of  the  fine  by
    29  the  court  or such person's entry into an installment payment plan, the
    30  trial court or the clerk thereof shall forthwith certify  that  fact  to
    31  the commissioner, in the manner and form prescribed by the commissioner.
    32    the  clerk  thereof  shall  within  ten  days certify that fact to the
    33  commissioner, in the manner and form prescribed by the commissioner, who
    34  shall record the same in his or her  office.  Thereafter  and  upon  the
    35  appearance of any such person in response to such summons or the receipt
    36  of  the  fine  by  the agency or such person's entry into an installment
    37  payment plan, the traffic and parking  violations  agency,  the  traffic
    38  violations agency or the clerk thereof shall forthwith certify that fact
    39  to  the  commissioner,  in the manner and form prescribed by the commis-
    40  sioner.
    41    § 3. Paragraph (a) and subparagraph (iv) of paragraph (c) of  subdivi-
    42  sion  4-a  of  section 510 of the vehicle and traffic law, as amended by
    43  chapter 76 of the laws of 2021, are amended to read as follows:
    44    (a) Upon receipt of a court notification of the failure of a person to
    45  appear within sixty days of the return date or new subsequent  adjourned
    46  date,  pursuant  to  an  appearance  ticket  charging said person with a
    47  violation of any of the provisions of this chapter (except one for park-
    48  ing, stopping, or standing), of any violation of the tax law or  of  the
    49  transportation  law  regulating  traffic  or  of any lawful ordinance or
    50  regulation made by a local or  public  authority,  relating  to  traffic
    51  (except  one for parking, stopping, or standing) the commissioner or his
    52  or her agent may suspend the driver's  license  or  privileges  of  such
    53  person  pending  receipt  of  notice from the court that such person has
    54  appeared in response to such  appearance  ticket  or  has  paid  or  has
    55  entered into an installment payment plan to pay the fine associated with
    56  a conviction entered as a result of the failure to appear in response to
        S. 7053--A                          3
 
     1  such  appearance  ticket,  or  the  defendant  has been acquitted of the
     2  charge  that  led  to  the  suspension  or  such  charge  was  otherwise
     3  dismissed.  Such  suspension  shall take effect no less than thirty days
     4  from the day upon which an initial notice thereof is sent by the commis-
     5  sioner  to  the  person  whose  driver's license or privileges are to be
     6  suspended, provided that the commissioner  shall  send  such  person  at
     7  least  two  notices  thereof,  including  such  initial notice, at least
     8  fifteen days apart during such period. Any suspension issued pursuant to
     9  this paragraph shall be subject to the provisions of paragraph (j-l)  of
    10  subdivision two of section five hundred three of this chapter.
    11    (iv)  any  lawful  ordinance  or  regulation made by a local or public
    12  authority relating to traffic  (except  one  for  parking,  stopping  or
    13  standing), the commissioner or his or her agent may suspend the driver's
    14  license  or privileges of such person pending receipt of notice from the
    15  agency that such person has appeared  in  response  to  such  appearance
    16  ticket  or  has  paid or has entered into an installment payment plan to
    17  pay the fine associated with a conviction entered as  a  result  of  the
    18  failure  to appear in response to such appearance ticket, or the defend-
    19  ant has been acquitted of the charge that led to the suspension or  such
    20  charge  was  otherwise  dismissed.  Such suspension shall take effect no
    21  less than thirty days from the day upon which an initial notice  thereof
    22  is  sent  by  the  commissioner  to the person whose driver's license or
    23  privileges are to be suspended, provided  that  the  commissioner  shall
    24  send  such  person  at least two notices thereof, including such initial
    25  notice, at least fifteen days apart during such period.  Any  suspension
    26  issued  pursuant to this paragraph shall be subject to the provisions of
    27  paragraph (j-1) of subdivision two of section five hundred three of this
    28  chapter.
    29    § 4. Paragraph (a) of subdivision 2 of section 1802 of the vehicle and
    30  traffic law, as amended by chapter 76 of the laws of 2021, is amended to
    31  read as follows:
    32    (a) Whenever fines, fees, and/or surcharges are imposed upon a natural
    33  person upon a conviction of a violation of any of the provisions of this
    34  chapter or any local law, ordinance, order, rule or regulation  made  by
    35  local  authorities  in  relation  to  traffic,  or  whenever an order is
    36  entered pursuant to subdivision three of section two hundred twenty-sev-
    37  en of this chapter, [the court  or  hearing  officer  shall  offer  such
    38  person  the  opportunity to enter into an installment payment plan] such
    39  fines, fees, and/or surcharges may be paid in installments at no  charge
    40  [for  the  payment  of such fines and/or surcharges and any related fees
    41  including but not limited to those  described  in  subparagraph  (i)  of
    42  paragraph (j-1) of subdivision two of section five hundred three, subdi-
    43  vision  three of section five hundred fourteen and paragraph a of subdi-
    44  vision four of section two hundred twenty-seven of this chapter] to  the
    45  natural  person.   The court or hearing officer shall offer such persons
    46  the opportunity to enter into an installment payment plan at  any  time,
    47  including  after  a  conviction  entered  as  a result of the failure to
    48  appear in response to a summons or appearance ticket. Any such  install-
    49  ment  payment  plan  shall be comprised of all fines, fees and mandatory
    50  surcharges, including but not limited to those described in subparagraph
    51  (i) of paragraph (j-1) of subdivision two of section five hundred three,
    52  subdivision three of section five hundred fourteen and  paragraph  a  of
    53  subdivision  four  of  section two hundred twenty-seven of this chapter,
    54  and shall consist of monthly payments that do not exceed two percent  of
    55  such  person's  monthly  net  income  or  twenty-five dollars per month,
    56  whichever is greater. For the purposes of  this  subdivision,  the  term
        S. 7053--A                          4
 
     1  "net  income" shall mean such person's total income from all sources and
     2  assets, minus deductions required by law including but  not  limited  to
     3  administrative  or  court-ordered  garnishments  and support payments. A
     4  court  or  hearing  officer  may  require  the submission of a financial
     5  disclosure report, on a form prescribed by the  commissioner,  from  all
     6  persons  who  opt  to  enter  into installment payment plans. A court or
     7  hearing officer also may accept payments higher than the set amount, but
     8  may not undertake additional collection activity so long as  the  person
     9  meets his or her payment obligations under the installment payment plan.
    10  A court or hearing officer may undertake additional collection activity,
    11  but  no  sooner  than  ninety  days  after  a person fails to meet their
    12  payment obligation under the installment payment plan; a court,  hearing
    13  officer  or  the  commissioner  shall not suspend such person's driver's
    14  license or privileges for failure to meet their payment obligation under
    15  the installment payment plan. A court or  hearing  officer  may  require
    16  persons entering installment payment plans to appear periodically before
    17  such court or hearing officer[,] to assess their financial circumstances
    18  but no more frequently than annually[, to assess their financial circum-
    19  stances,]  and  may  set a new payment amount if such person's financial
    20  circumstances have changed. A person  who  enters  into  an  installment
    21  payment  plan  and  experiences  a  reduction in income may petition the
    22  court or hearing officer no more than two times in a  calendar  year  to
    23  seek  a  reduction  in  the  monthly  payment; provided, however, in the
    24  interests of  justice,  the  court  or  hearing  officer  may  accept  a
    25  reduction request from such person at any time.
    26    §  5.  This  act shall take effect immediately, provided, however that
    27  section one of this act shall take effect on the same date  and  in  the
    28  same  manner  as section 1 of chapter 76 of the laws of 2021 and section
    29  four of this act shall take effect on the same  date  and  in  the  same
    30  manner as section 3 of chapter 76 of the laws of 2021.