Bill Text: NY A07463 | 2019-2020 | General Assembly | Introduced
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Bill Title: Limits the grounds for the suspension of a driver's license; provides for additional notification when a person is required to make an appearance; requires income based payment plans to be available for fines, fees and mandatory surcharges incurred as a result of a violation of the vehicle and traffic law and makes conforming changes.
Spectrum: Partisan Bill (Democrat 47-1)
Status: (Passed) 2020-12-31 - approval memo.71 [A07463 Detail]
Download: New_York-2019-A07463-Introduced.html
Bill Title: Limits the grounds for the suspension of a driver's license; provides for additional notification when a person is required to make an appearance; requires income based payment plans to be available for fines, fees and mandatory surcharges incurred as a result of a violation of the vehicle and traffic law and makes conforming changes.
Spectrum: Partisan Bill (Democrat 47-1)
Status: (Passed) 2020-12-31 - approval memo.71 [A07463 Detail]
Download: New_York-2019-A07463-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7463 2019-2020 Regular Sessions IN ASSEMBLY May 6, 2019 ___________ Introduced by M. of A. HUNTER -- read once and referred to the Committee on Transportation 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; and to repeal certain provisions of such law related thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 226 of the vehicle and traffic 2 law, as amended by chapter 607 of the laws of 1993, paragraph (a) as 3 amended by section 6 of part J of chapter 62 of the laws of 2003 and 4 paragraph (b) as amended by section 2 of part K of chapter 59 of the 5 laws of 2010, is amended to read as follows: 6 3. Failure to answer or appear; entry of order. [(a) If the person7charged with the violation shall fail to answer the summons as provided8herein, the commissioner may suspend such person's license or driving9privilege or, if the charge involves a violation of section three10hundred eighty-five, section four hundred one or section five hundred11eleven-a of this chapter by a registrant who was not the operator of the12vehicle, the registration of such vehicle or the privilege of operation13of any motor vehicle owned by such registrant may be suspended, until14such person shall answer as provided in subdivision two of this section.15If a person shall fail to appear at a hearing, when such is provided for16pursuant to this section, such person's license, or registration or17privilege of operating or of operation, as appropriate, may be suspended18pending appearance at a subsequent hearing, or the disposition of the19charges involved. Any suspension permitted by this subdivision, if20already in effect, may be terminated or if not yet in effect, may be21withdrawn or withheld, prior to the disposition of the charges involved22if such person shall appear and post security in the amount of forty23dollars to guarantee his or her appearance at any required hearing. The24security posted pursuant to this subdivision shall be returned uponEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11167-01-9A. 7463 2 1appearance at the scheduled hearing or an adjourned hearing which2results in a final disposition of the charge, and otherwise shall be3forfeited. If a suspension has been imposed pursuant to this subdivision4and the case is subsequently transferred pursuant to subdivision two of5section two hundred twenty-five of this article, such suspension shall6remain in effect until the person answers the charges in the court to7which the case was transferred. Any suspension issued pursuant to this8paragraph shall be subject to the provisions of paragraph (j-1) of9subdivision two of section five hundred three of this chapter.10(b)] Failure to answer or appear in accordance with the requirements 11 of this section and any regulations promulgated hereunder shall be 12 deemed an admission to the violation as charged, and an appropriate 13 order may be entered in the department's records, and a fine consistent 14 with the provisions of this chapter and regulations of the commissioner 15 may be imposed by the commissioner or person designated by the commis- 16 sioner. Prior to entry of an order and imposition of a fine, the 17 commissioner shall notify such person by mail at the address of such 18 person on file with the department or at the current address provided by 19 the United States postal service in accordance with section two hundred 20 fourteen of this chapter: (i) of the violation charged; (ii) of the 21 impending entry of such order and fine; (iii) that such order and fine 22 may be filed as a judgment with the county clerk of the county in which 23 the operator or registrant is located; and (iv) that entry of such order 24 and imposition of such fine may be avoided by entering a plea or making 25 an appearance within thirty days of the sending of such notice. In no 26 case shall such an order and fine be entered and imposed more than two 27 years after the date of the alleged violation. Upon application in such 28 manner and form as the commissioner shall prescribe an order and fine 29 shall be vacated upon the ground of excusable default. 30 § 2. The vehicle and traffic law is amended by adding a new section 31 226-a to read as follows: 32 § 226-a. Return date notifications. The commissioner shall notify any 33 person who receives a summons or appearance ticket for a violation 34 described in subdivision one of section two hundred twenty-five of this 35 chapter of the time and place of the return date for such summons no 36 later than one week prior to the return date. The commissioner shall (a) 37 send the notification by first class mail at the address of such person 38 on file with the department or at the current address provided by the 39 United States Postal Service in accordance with section two hundred 40 fourteen of this chapter; and (b) in collaboration with state and local 41 law enforcement agencies, make best efforts to provide an additional 42 notification by text message, electronic mail or phone call using the 43 best available phone number or electronic mail address for the intended 44 person. 45 § 3. The vehicle and traffic law is amended by adding a new section 46 229 to read as follows: 47 § 229. Reasonable payment plans. 1. The court or hearing officer shall 48 offer the opportunity for a reasonable payment plan at no charge to the 49 person. A reasonable payment plan shall comprehend all fines, fees and 50 mandatory surcharges and shall consist of monthly payments that do not 51 exceed two percent of the person's monthly net income or ten dollars per 52 month, whichever is greater. Monthly net income means total monetary 53 payments from any source, minus deductions required by law, including 54 but not limited to administrative or court-ordered garnishments and 55 support payments. The court or traffic violations agency may accept 56 payments higher than the set amount, but may not undertake additionalA. 7463 3 1 collection activity so long as the person meets his or her obligations 2 under the payment plan. The court or hearing officer may require people 3 with payment plans to appear periodically, but no more often than annu- 4 ally, to assess their financial circumstances and may set a new payment 5 amount if the person's financial circumstances have changed. A person 6 who enters into a payment plan and experiences a reduction in income may 7 petition the court or hearing officer at any time to seek a reduction in 8 the monthly payment. 9 2. The court or hearing officer shall have the discretion in the 10 interests of justice to reduce or waive the amount of any fine, fee or 11 mandatory surcharge assessed for a violation of any of the provisions of 12 this chapter. 13 3. A person assessed a fine, fee and/or mandatory surcharge for a 14 violation of any of the provisions of this chapter shall be notified of 15 their right to a reasonable payment plan (a) at the time the citation or 16 ticket is issued; (b) at the time of sentencing; and (c) in any communi- 17 cation concerning imposition or collection of the fine, fee or mandatory 18 surcharge. Information about the availability of payment plans shall be 19 prominently posted at each court and traffic violations agency, on its 20 website, if any, and on the commissioner's website. 21 § 4. Paragraph a of subdivision 4 of section 227 of the vehicle and 22 traffic law, as amended by section 7 of part J of chapter 62 of the laws 23 of 2003, is amended to read as follows: 24 a. An order entered upon the failure to answer or appear or after the 25 receipt of an answer admitting the charge or where a determination is 26 made that the charge has been established shall be civil in nature, but 27 shall be treated as a conviction for the purposes of this chapter. The 28 commissioner or his designee may include in such order an imposition of 29 any penalty authorized by any provision of this chapter for a conviction 30 of such violation, except that no penalty therefore shall include impri- 31 sonment, nor, if monetary, exceed the amount of the fine which could 32 have been imposed had the charge been heard by a court. [The driver's33license or privileges, or, if the charge involves a violation of section34three hundred eighty-five or section four hundred one of this chapter by35a registrant who was not the operator of the vehicle, the registration36of such vehicle or privilege of operation of any motor vehicle owned by37such registrant may be suspended pending the payment of any penalty so38imposed. Any suspension issued pursuant to this paragraph shall be39subject to the provisions of paragraph (j-1) of subdivision two of40section five hundred three of this chapter.] 41 § 5. Paragraph (j-1) of subdivision 2 of section 503 of the vehicle 42 and traffic law, as added by section 8 of part J of chapter 62 of the 43 laws of 2003, subparagraph (i) as amended by section 3 of part PP of 44 chapter 59 of the laws of 2009 and subparagraph (iv) as added by section 45 4 of part PP of chapter 59 of the laws of 2009, is amended to read as 46 follows: 47 (j-1) (i) [When a license issued pursuant to this article, or a privi-48lege of operating a motor vehicle or of obtaining such a license, has49been suspended based upon a failure to answer an appearance ticket or a50summons or failure to pay a fine, penalty or mandatory surcharge, pursu-51ant to subdivision three of section two hundred twenty-six, subdivision52four of section two hundred twenty-seven, subdivision four-a of section53five hundred ten or subdivision five-a of section eighteen hundred nine54of this chapter, such suspension shall remain in effect until a termi-55nation of a suspension fee of seventy dollars is paid to the court or56tribunal that initiated the suspension of such license or privilege. InA. 7463 4 1no event may the aggregate of the fees imposed by an individual court2pursuant to this paragraph for the termination of all suspensions that3may be terminated as a result of a person's answers, appearances or4payments made in such cases pending before such individual court exceed5four hundred dollars. For the purposes of this paragraph, the various6locations of the administrative tribunal established under article two-A7of this chapter shall be considered an individual court.8(ii)] Any such fee collected by any court, judge, magistrate or other 9 officer specified in subdivision one of section thirty-nine of the judi- 10 ciary law, establishing a unified court budget, shall be paid to the 11 state commissioner of taxation and finance on a monthly basis no later 12 than ten days after the last day of each month. All such monies 13 collected under this subdivision shall be deposited to the indigent 14 legal services fund established by section ninety-eight-b of the state 15 finance law. 16 [(iii)] (ii) Any such fee collected by any other court, judge, magis- 17 trate or other officer shall, except as provided in paragraph (k) of 18 this subdivision, be paid to the state comptroller within the first ten 19 days of the month following collection. Every such payment to the comp- 20 troller shall be accompanied by a statement in such form and detail as 21 the comptroller shall provide. All such monies collected under this 22 subdivision shall be deposited to the indigent legal services fund 23 established by section ninety-eight-b of the state finance law. 24 [(iv)] (iii) Notwithstanding any other provision of this paragraph, 25 fifty percent of all fees collected pursuant to this paragraph shall be 26 deposited to the credit of the general fund. 27 § 6. Subdivision 4-a of section 510 of the vehicle and traffic law is 28 REPEALED. 29 § 7. Paragraph (a) of subdivision 2 of section 511 of the vehicle and 30 traffic law, as amended by chapter 607 of the laws of 1993 and subpara- 31 graph (ii) as amended by chapter 196 of the laws of 1996, is amended to 32 read as follows: 33 (a) A person is guilty of the offense of aggravated unlicensed opera- 34 tion of a motor vehicle in the second degree when such person commits 35 the offense of aggravated unlicensed operation of a motor vehicle in the 36 third degree as defined in subdivision one of this section; and 37 (i) has previously been convicted of an offense that consists of or 38 includes the elements comprising the offense committed within the imme- 39 diately preceding eighteen months; or 40 (ii) the suspension or revocation is based upon a refusal to submit to 41 a chemical test pursuant to section eleven hundred ninety-four of this 42 chapter, a finding of driving after having consumed alcohol in violation 43 of section eleven hundred ninety-two-a of this chapter or upon a 44 conviction for a violation of any of the provisions of section eleven 45 hundred ninety-two of this chapter; or 46 (iii) the suspension was a mandatory suspension pending prosecution of 47 a charge of a violation of section eleven hundred ninety-two of this 48 chapter ordered pursuant to paragraph (e) of subdivision two of section 49 eleven hundred ninety-three of this chapter or other similar statute[;50or51(iv) such person has in effect three or more suspensions, imposed on52at least three separate dates, for failure to answer, appear or pay a53fine, pursuant to subdivision three of section two hundred twenty-six or54subdivision four-a of section five hundred ten of this chapter]. 55 § 8. Paragraph (a) of subdivision 3 of section 511 of the vehicle and 56 traffic law, as amended by chapter 732 of the laws of 2006 and subpara-A. 7463 5 1 graph (iii) as amended and subparagraph (iv) as added by chapter 169 of 2 the laws of 2013, is amended to read as follows: 3 (a) A person is guilty of the offense of aggravated unlicensed opera- 4 tion of a motor vehicle in the first degree when such person: (i) 5 commits the offense of aggravated unlicensed operation of a motor vehi- 6 cle in the second degree as provided in subparagraph (ii), (iii) or (iv) 7 of paragraph (a) of subdivision two of this section and is operating a 8 motor vehicle while under the influence of alcohol or a drug in 9 violation of subdivision one, two, two-a, three, four, four-a or five of 10 section eleven hundred ninety-two of this chapter; or 11 (ii) [commits the offense of aggravated unlicensed operation of a12motor vehicle in the third degree as defined in subdivision one of this13section; and is operating a motor vehicle while such person has in14effect ten or more suspensions, imposed on at least ten separate dates15for failure to answer, appear or pay a fine, pursuant to subdivision16three of section two hundred twenty-six of this chapter or subdivision17four-a of section five hundred ten of this article; or18(iii)] commits the offense of aggravated unlicensed operation of a 19 motor vehicle in the third degree as defined in subdivision one of this 20 section; and is operating a motor vehicle while under permanent revoca- 21 tion as set forth in subparagraph twelve of paragraph (b) of subdivision 22 two of section eleven hundred ninety-three of this chapter; or 23 [(iv)] (iii) operates a motor vehicle upon a public highway while 24 holding a conditional license issued pursuant to paragraph (a) of subdi- 25 vision seven of section eleven hundred ninety-six of this chapter while 26 under the influence of alcohol or a drug in violation of subdivision 27 one, two, two-a, three, four, four-a or five of section eleven hundred 28 ninety-two of this chapter. 29 § 9. Subdivision 3 of section 514 of the vehicle and traffic law, as 30 amended by section 11 of part J of chapter 62 of the laws of 2003 and 31 paragraph (b) as amended by chapter 157 of the laws of 2017, is amended 32 to read as follows: 33 3. (a) Upon the failure of a person to appear or answer, within sixty 34 days of the return date or any subsequent adjourned date, or the failure 35 to pay a fine imposed by a court, pursuant to a summons charging him or 36 her with a violation of any of the provisions of this chapter (except 37 one for parking, stopping or standing), section five hundred two or five 38 hundred twelve of the tax law, section fourteen-f, two hundred eleven or 39 two hundred twelve of the transportation law or of any law, ordinance, 40 rule or regulation made by a local authority, relating to traffic 41 (except for parking, stopping or standing), the trial court or the clerk 42 thereof shall within ten days certify that fact to the commissioner, in 43 the manner and form prescribed by the commissioner, who shall record the 44 same in his or her office. Thereafter and upon the appearance of any 45 such person in response to such summons or the receipt of the fine by 46 the court, the trial court or the clerk thereof shall forthwith certify 47 that fact to the commissioner, in the manner and form prescribed by the 48 commissioner[; provided, however, no such certification shall be made49unless the court has collected the termination of suspension fee50required to be paid pursuant to paragraph (j-1) of subdivision two of51section five hundred three of this chapter]. 52 (b) Upon the failure of a person to appear or answer, within sixty 53 days of the return date or any subsequent adjourned date, or the failure 54 to pay a fine imposed by a traffic and parking violations agency or a 55 traffic violations agency pursuant to a summons charging him or her with 56 a violation of:A. 7463 6 1 (1) any of the provisions of this chapter except one for parking, 2 stopping or standing and except those violations described in paragraphs 3 (a), (b), (d), (e) and (f) of subdivision two and in paragraphs (a), 4 (b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a), 5 (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred 6 seventy-one of the general municipal law; 7 (2) section five hundred two or subdivision (a) of section eighteen 8 hundred fifteen of the tax law; 9 (3) section fourteen-f (except paragraph (b) of subdivision four of 10 section fourteen-f), two hundred eleven or two hundred twelve of the 11 transportation law; or 12 (4) any lawful ordinance or regulation made by a local or public 13 authority relating to traffic (except one for parking, stopping or 14 standing); 15 the clerk thereof shall within ten days certify that fact to the commis- 16 sioner, in the manner and form prescribed by the commissioner, who shall 17 record the same in his or her office. Thereafter and upon the appearance 18 of any such person in response to such summons or the receipt of the 19 fine by the agency, the traffic and parking violations agency, the traf- 20 fic violations agency or the clerk thereof shall forthwith certify that 21 fact to the commissioner, in the manner and form prescribed by the 22 commissioner[; provided, however, no such certification shall be made23unless the traffic and parking violations agency or the traffic24violations agency has collected the termination of suspension fee25required to be paid pursuant to paragraph (j-1) of subdivision two of26section five hundred three of this chapter]. 27 § 10. The vehicle and traffic law is amended by adding a new section 28 519 to read as follows: 29 § 519. Termination of suspensions for failure to answer or failure to 30 pay. Within three months of the effective date of this section, the 31 commissioner shall terminate all suspensions of licenses, privileges to 32 operate a motor vehicle and registrations based upon a failure to answer 33 an appearance ticket or summons or failure to pay a fine, penalty or 34 mandatory surcharge pursuant to subdivision three of section two hundred 35 twenty-six, subdivision four of section two hundred twenty-seven, or 36 subdivision four-a of section five hundred ten of this chapter, then in 37 effect. The commissioner shall waive all fees and penalties associated 38 with the termination of a suspension, including but not limited to those 39 described in subparagraph (i) of paragraph (j-1) of subdivision two of 40 section five hundred three, subdivision three of section five hundred 41 fourteen and paragraph a of subdivision four of section two hundred 42 twenty-seven of this chapter, as in existence prior to the effective 43 date of this section. 44 § 11. Subdivision 5-a of section 1809 of the vehicle and traffic law 45 is REPEALED. 46 § 12. This act shall take effect on the ninetieth day after it shall 47 have become a law.
