Bill Text: NY A05532 | 2013-2014 | General Assembly | Introduced


Bill Title: Provides that sex offender registrants may not receive a commercial driver's license.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2014-01-15 - enacting clause stricken [A05532 Detail]

Download: New_York-2013-A05532-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5532
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 28, 2013
                                      ___________
       Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
         Committee on Transportation
       AN ACT to amend the vehicle and  traffic  law  and  the  penal  law,  in
         relation to restrictions on commercial driver's licenses
         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 501-c to read as follows:
    3    S  501-C.  COMMERCIAL DRIVER'S LICENSE RESTRICTIONS. 1. THE DEPARTMENT
    4  SHALL NOT ISSUE OR RENEW A COMMERCIAL DRIVER'S  LICENSE  TO  ANY  PERSON
    5  REQUIRED TO REGISTER UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
    6    2. THE DEPARTMENT SHALL NOT ISSUE A COMMERCIAL DRIVER LEARNER'S PERMIT
    7  TO ANY PERSON REQUIRED TO REGISTER UNDER ARTICLE SIX-C OF THE CORRECTION
    8  LAW.
    9    3. A PERSON WHO IS CONVICTED OF A VIOLATION THAT REQUIRES REGISTRATION
   10  UNDER ARTICLE SIX-C OF THE CORRECTION LAW IS DISQUALIFIED FROM DRIVING A
   11  COMMERCIAL  MOTOR VEHICLE FOR THE PERIOD OF TIME DURING WHICH THE PERSON
   12  IS  REQUIRED  TO  MAINTAIN  REGISTRATION  UNDER  ARTICLE  SIX-C  OF  THE
   13  CORRECTION LAW.
   14    4. A PERSON WHO DRIVES A COMMERCIAL VEHICLE OR SCHOOL BUS AND WHO DOES
   15  NOT  HAVE A COMMERCIAL DRIVER'S LICENSE BECAUSE THE PERSON WAS CONVICTED
   16  OF A VIOLATION THAT REQUIRES REGISTRATION UNDER  ARTICLE  SIX-C  OF  THE
   17  CORRECTION  LAW SHALL BE PUNISHED AS PROVIDED IN SUBDIVISION SIX OF THIS
   18  SECTION.
   19    5. THE DEPARTMENT SHALL NOT ISSUE A COMMERCIAL DRIVER'S LICENSE TO  AN
   20  APPLICANT  UNTIL THE DEPARTMENT HAS SEARCHED BOTH THE STATEWIDE REGISTRY
   21  AND THE NATIONAL SEX OFFENDER PUBLIC REGISTRY TO DETERMINE IF THE PERSON
   22  IS CURRENTLY REGISTERED AS A SEX OFFENDER IN NEW YORK OR ANOTHER STATE.
   23    A. IF THE DEPARTMENT FINDS THAT THE PERSON IS CURRENTLY REGISTERED  AS
   24  A  SEX  OFFENDER IN EITHER NEW YORK OR ANOTHER STATE, THE DEPARTMENT, IN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09159-01-3
       A. 5532                             2
    1  COMPLIANCE WITH THIS SECTION, SHALL  NOT  ISSUE  A  COMMERCIAL  DRIVER'S
    2  LICENSE TO THE APPLICANT.
    3    B. IF THE DEPARTMENT IS UNABLE TO ACCESS EITHER THE STATEWIDE REGISTRY
    4  OR ALL OF THE STATES' INFORMATION CONTAINED IN THE NATIONAL SEX OFFENDER
    5  PUBLIC  REGISTRY,  BUT  THE  PERSON  IS  OTHERWISE QUALIFIED TO OBTAIN A
    6  COMMERCIAL DRIVER'S LICENSE, THEN THE DEPARTMENT SHALL ISSUE THE COMMER-
    7  CIAL DRIVER'S LICENSE BUT SHALL FIRST REQUIRE  THE  PERSON  TO  SIGN  AN
    8  AFFIDAVIT  STATING  THAT THE PERSON DOES NOT APPEAR ON EITHER THE STATE-
    9  WIDE REGISTRY OR THE NATIONAL SEX OFFENDER PUBLIC REGISTRY. THE  DEPART-
   10  MENT  SHALL  SEARCH THE STATEWIDE REGISTRY AND THE NATIONAL SEX OFFENDER
   11  PUBLIC REGISTRY FOR THE PERSON WITHIN A REASONABLE TIME AFTER ACCESS  TO
   12  THE  STATEWIDE  REGISTRY OR THE NATIONAL SEX OFFENDER PUBLIC REGISTRY IS
   13  RESTORED. IF THE PERSON DOES APPEAR IN EITHER REGISTRY, THE PERSON IS IN
   14  VIOLATION OF THIS SECTION, AND THE DEPARTMENT SHALL  IMMEDIATELY  CANCEL
   15  THE COMMERCIAL DRIVER'S LICENSE AND SHALL PROMPTLY NOTIFY THE SHERIFF OF
   16  THE COUNTY WHERE THE PERSON RESIDES OF THE OFFENSE.
   17    C. ANY PERSON DENIED A COMMERCIAL DRIVER'S LICENSE OR WHO IS DISQUALI-
   18  FIED  FROM DRIVING A COMMERCIAL VEHICLE THAT REQUIRES A COMMERCIAL DRIV-
   19  ER'S LICENSE BY THE DEPARTMENT PURSUANT TO THIS  SECTION  SHALL  HAVE  A
   20  RIGHT  TO FILE A PETITION WITHIN THIRTY DAYS THEREAFTER FOR A HEARING IN
   21  THE MATTER, IN THE SUPREME COURT OF THE COUNTY WHERE THE PERSON RESIDES.
   22  THE COURT IS VESTED WITH JURISDICTION TO HEAR THE PETITION, AND IT SHALL
   23  BE THE DUTY OF THE COURT TO SET THE MATTER FOR HEARING UPON THIRTY DAYS'
   24  WRITTEN NOTICE TO THE DEPARTMENT, AND THEREUPON TO  TAKE  TESTIMONY  AND
   25  EXAMINE  INTO  THE  FACTS OF THE CASE AND TO DETERMINE WHETHER THE PETI-
   26  TIONER IS ENTITLED TO A COMMERCIAL DRIVER'S LICENSE UNDER THE PROVISIONS
   27  OF THIS SECTION.
   28    D. ANY PERSON WHO MAKES A FALSE AFFIDAVIT, OR WHO KNOWINGLY SWEARS  OR
   29  AFFIRMS  FALSELY,  TO  ANY MATTER OR THING REQUIRED BY THE TERMS OF THIS
   30  SECTION TO BE AFFIRMED TO OR SWORN IS GUILTY OF A CLASS E FELONY.
   31    6. A PERSON CONVICTED OF A VIOLATION OF THIS SECTION SHALL  BE  GUILTY
   32  OF A CLASS D FELONY UNLESS SUCH VIOLATION IS SPECIFIED OTHERWISE.
   33    S  2.  The  vehicle and traffic law is amended by adding a new section
   34  510-d to read as follows:
   35    S 510-D. REVOCATION OF COMMERCIAL DRIVER'S LICENSE UPON CONVICTION  OF
   36  CERTAIN  OFFENSES.  THE  DEPARTMENT SHALL REVOKE THE COMMERCIAL DRIVER'S
   37  LICENSE OF ANY PERSON CONVICTED OF ANY OFFENSE ON OR AFTER  JUNE  FIRST,
   38  TWO THOUSAND THIRTEEN, THAT REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF
   39  THE  CORRECTION  LAW.  THE  PERSON  MAY  APPLY FOR THE ISSUANCE OF A NEW
   40  COMMERCIAL DRIVER'S LICENSE PURSUANT TO THIS CHAPTER, BUT, SHALL  REMAIN
   41  DISQUALIFIED FROM OBTAINING A COMMERCIAL DRIVER'S LICENSE FOR THE PERIOD
   42  OF TIME DURING WHICH THE PERSON IS REQUIRED TO MAINTAIN REGISTRATION.
   43    S  3.  The penal law is amended by adding a new section 130.87 to read
   44  as follows:
   45  S 130.87 UNLAWFUL DRIVING OF A COMMERCIAL VEHICLE OR SCHOOL BUS.
   46    IT IS UNLAWFUL FOR ANY PERSON WHO IS REQUIRED TO REGISTER PURSUANT  TO
   47  ARTICLE  SIX-C  OF THE CORRECTION LAW TO DRIVE A COMMERCIAL VEHICLE OR A
   48  SCHOOL BUS WITHOUT HAVING A VALID COMMERCIAL DRIVER'S LICENSE.
   49    UNLAWFUL DRIVING OF A COMMERCIAL VEHICLE OR SCHOOL BUS IS  A  CLASS  D
   50  FELONY.
   51    S  4.  This  act shall take effect on the ninetieth day after it shall
   52  have become a law.
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