STATE OF NEW YORK
________________________________________________________________________
7544
IN SENATE
January 23, 2018
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Introduced by Sens. KLEIN, AVELLA -- read twice and ordered printed, and
when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to reimbursing
overturned traffic fines and requiring annual updates for police offi-
cers on local traffic laws
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1804 of the vehicle and traffic law, as amended by
2 chapter 16 of the laws of 2016, is amended to read as follows:
3 § 1804. Prohibition of imposition and collection of a fine, penalty,
4 forfeiture, fee or surcharge. 1. A municipality may only impose a fine,
5 penalty, forfeiture, or any other fee or surcharge against a person
6 charged with a violation of this chapter or any local law, ordinance,
7 order, rule, regulation or administrative code adopted pursuant to this
8 chapter if such person is convicted of or found liable for a violation
9 of this chapter or any local law, ordinance, order, rule, regulation or
10 administrative code adopted pursuant to this chapter in satisfaction of
11 such charge.
12 2. A municipality that receives payment of a fine, penalty, forfei-
13 ture, fee or surcharge upon a conviction or finding of liability for a
14 violation of this chapter or any local law, ordinance, order, rule,
15 regulation or administrative code adopted pursuant to this chapter in
16 satisfaction of such charge, shall reimburse such payment to the person
17 who was convicted of such violation, where the conviction or finding of
18 liability is overturned on appeal, including in a proceeding commenced
19 pursuant to article seventy-eight of the civil practice law and rules.
20 3. A municipality shall reimburse a litigant for any costs and fees
21 where a conviction or finding of liability pursuant to this section is
22 overturned on appeal, including in a proceeding pursuant to article
23 seventy-eight of the civil practice law and rules.
24 § 2. The vehicle and traffic law is amended by adding a new section
25 1605 to read as follows:
26 § 1605. Annual notification. Each municipal police department in the
27 state shall annually notify its traffic enforcement agents, police offi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14181-01-8
S. 7544 2
1 cers or any other person with the authority to issue a traffic or park-
2 ing summons under this chapter of any changes made in the previous year
3 to local traffic and parking laws, rules and regulations.
4 § 3. This act shall take effect immediately.
