Bill Text: NY A07463 | 2019-2020 | General Assembly | Amended
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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-Amended.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-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7463--A 2019-2020 Regular Sessions IN ASSEMBLY May 6, 2019 ___________ Introduced by M. of A. HUNTER, SAYEGH, RAYNOR, D'URSO, CRUZ, TAYLOR, WALCZYK, GOTTFRIED, SIMON, EPSTEIN, NIOU, JEAN-PIERRE, BLAKE, BARRON, JAFFEE, CROUCH, SEAWRIGHT, GLICK, FRONTUS, WEPRIN, BRONSON, MAGNAREL- LI, ZEBROWSKI, STECK -- Multi-Sponsored by -- M. of A. COOK, DE LA ROSA -- read once and referred to the Committee on Transporta- tion -- committee discharged, bill amended, ordered reprinted as amended and recommitted 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. 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 person 7 charged with the violation shall fail to answer the summons as provided 8 herein involving a violation of section three hundred eighty-five of 9 this chapter, the commissioner may suspend such person's license or 10 driving privilege or, if the charge involves a violation of section 11 three hundred eighty-five[, section four hundred one or section five12hundred eleven-a] of this chapter by a registrant who was not the opera- 13 tor of the vehicle, the registration of such vehicle or the privilege of 14 operation of any motor vehicle owned by such registrant may be 15 suspended, until such person shall answer as provided in subdivision two 16 of this section. If a person shall fail to appear at a hearing involving 17 a violation of section three hundred eighty-five of this chapter, when 18 such is provided for pursuant to this section, such person's license, or 19 registration or privilege of operating or of operation, as appropriate, 20 may be suspended pending appearance at a subsequent hearing, or the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11167-07-9A. 7463--A 2 1 disposition of the charges involved. Any suspension permitted by this 2 subdivision, if already in effect, may be terminated or if not yet in 3 effect, may be withdrawn or withheld, prior to the disposition of the 4 charges involved if such person shall appear and post security in the 5 amount of forty dollars to guarantee his or her appearance at any 6 required hearing. The security posted pursuant to this subdivision shall 7 be returned upon appearance at the scheduled hearing or an adjourned 8 hearing which results in a final disposition of the charge, and other- 9 wise shall be forfeited. If a suspension has been imposed pursuant to 10 this subdivision and the case is subsequently transferred pursuant to 11 subdivision two of section two hundred twenty-five of this article, such 12 suspension shall remain in effect until the person answers the charges 13 in the court to which the case was transferred. Any suspension issued 14 pursuant to this paragraph shall be subject to the provisions of para- 15 graph (j-1) of subdivision two of section five hundred three of this 16 chapter. 17 (b) Failure to answer or appear in accordance with the requirements of 18 this section and any regulations promulgated hereunder shall be deemed 19 an admission to the violation as charged, and an appropriate order may 20 be entered in the department's records, and a fine consistent with the 21 provisions of this chapter and regulations of the commissioner may be 22 imposed by the commissioner or person designated by the commissioner. 23 Prior to entry of an order and imposition of a fine, the commissioner 24 shall notify such person by mail at the address of such person on file 25 with the department or at the current address provided by the United 26 States postal service in accordance with section two hundred fourteen of 27 this [chapter] title: (i) of the violation charged; (ii) of the impend- 28 ing entry of such order and fine; (iii) that such order and fine may be 29 filed as a judgment with the county clerk of the county in which the 30 operator or registrant is located; and (iv) that entry of such order and 31 imposition of such fine may be avoided by entering a plea or making an 32 appearance within thirty days of the sending of such notice. In no case 33 shall such an order and fine be entered and imposed more than two years 34 after the date of the alleged violation. Upon application in such manner 35 and form as the commissioner shall prescribe an order and fine shall be 36 vacated upon the ground of excusable default. 37 § 2. The vehicle and traffic law is amended by adding a new section 38 226-a to read as follows: 39 § 226-a. Return date notifications. Subject to appropriation, the 40 commissioner shall notify any person who receives a summons or appear- 41 ance ticket for a violation described in subdivision one of section two 42 hundred twenty-five of this article of the time and place of the return 43 date for such summons no later than one week prior to the return date. 44 The commissioner shall (a) send the notification by first class mail at 45 the address of such person on file with the department or at the current 46 address provided by the United States Postal Service in accordance with 47 section two hundred fourteen of this title; and (b) in collaboration 48 with state and local law enforcement agencies, make best efforts to 49 provide an additional notification by text message, electronic mail or 50 phone call using the best available phone number or electronic mail 51 address for the intended person. 52 § 3. The vehicle and traffic law is amended by adding a new section 53 229 to read as follows: 54 § 229. Reasonable payment plans. 1. The court or hearing officer shall 55 offer the opportunity for a reasonable payment plan at no charge to the 56 person. A reasonable payment plan shall comprehend all fines, fees andA. 7463--A 3 1 mandatory surcharges and shall consist of monthly payments that do not 2 exceed two percent of the person's monthly net income or ten dollars per 3 month, whichever is greater. Monthly net income means total monetary 4 payments from any source, minus deductions required by law, including 5 but not limited to administrative or court-ordered garnishments and 6 support payments. The court or traffic violations agency may accept 7 payments higher than the set amount, but may not undertake additional 8 collection activity so long as the person meets his or her obligations 9 under the payment plan. The court or hearing officer may require people 10 with payment plans to appear periodically, but no more often than annu- 11 ally, to assess their financial circumstances and may set a new payment 12 amount if the person's financial circumstances have changed. A person 13 who enters into a payment plan and experiences a reduction in income may 14 petition the court or hearing officer at any time to seek a reduction in 15 the monthly payment. 16 2. The court or hearing officer shall have the discretion in the 17 interests of justice to reduce or waive the amount of any fine, fee or 18 mandatory surcharge assessed for a violation of any of the provisions of 19 this chapter. 20 3. A person assessed a fine, fee and/or mandatory surcharge for a 21 violation of any of the provisions of this chapter shall be notified of 22 their right to a reasonable payment plan (a) at the time the citation or 23 ticket is issued; (b) at the time of sentencing; and (c) in any communi- 24 cation concerning imposition or collection of the fine, fee or mandatory 25 surcharge. Information about the availability of payment plans shall be 26 prominently posted at each court and traffic violations agency, on its 27 website, if any, and on the commissioner's website. 28 § 4. Paragraph a of subdivision 4 of section 227 of the vehicle and 29 traffic law, as amended by section 7 of part J of chapter 62 of the laws 30 of 2003, is amended to read as follows: 31 a. An order entered upon the failure to answer or appear or after the 32 receipt of an answer admitting the charge or where a determination is 33 made that the charge has been established shall be civil in nature, but 34 shall be treated as a conviction for the purposes of this chapter. The 35 commissioner or his designee may include in such order an imposition of 36 any penalty authorized by any provision of this chapter for a conviction 37 of such violation, except that no penalty therefore shall include impri- 38 sonment, nor, if monetary, exceed the amount of the fine which could 39 have been imposed had the charge been heard by a court. [The] If the 40 charge involves a violation of section three hundred eighty-five of this 41 chapter, the driver's license or privileges may be suspended pending the 42 payment of any penalty so imposed, or, if the charge involves a 43 violation of section three hundred eighty-five [or section four hundred44one] of this chapter by a registrant who was not the operator of the 45 vehicle, the registration of such vehicle or privilege of operation of 46 any motor vehicle owned by such registrant may be suspended pending the 47 payment of any penalty so imposed. Any suspension issued pursuant to 48 this paragraph shall be subject to the provisions of paragraph (j-1) of 49 subdivision two of section five hundred three of this chapter. 50 § 5. Subdivision 4-a of section 510 of the vehicle and traffic law, as 51 added by section 10 of part J of chapter 62 of the laws of 2003 and 52 paragraph (c) as amended by chapter 157 of the laws of 2017, is amended 53 to read as follows: 54 4-a. Suspension for failure to answer an appearance ticket or to pay a 55 fine. (a) Upon receipt of a court notification of the failure of a 56 person to appear within sixty days of the return date or new subsequentA. 7463--A 4 1 adjourned date, pursuant to an appearance ticket charging said person 2 with a violation of any [of the provisions of this chapter (except one3for parking, stopping, or standing), of any] violation of the tax law or 4 of the transportation law regulating traffic [or of any lawful ordinance5or regulation made by a local or public authority, relating to traffic6(except one for parking, stopping, or standing) or the failure to pay a7fine imposed by a court] the commissioner or his or her agent may 8 suspend the driver's license or privileges of such person pending 9 receipt of notice from the court that such person has appeared in 10 response to such appearance ticket or has paid such fine. Such suspen- 11 sion shall take effect no less than thirty days from the day upon which 12 notice thereof is sent by the commissioner to the person whose driver's 13 license or privileges are to be suspended. Any suspension issued pursu- 14 ant to this paragraph shall be subject to the provisions of paragraph 15 (j-l) of subdivision two of section five hundred three of this chapter. 16 (b) The provisions of paragraph (a) of this subdivision shall not 17 apply to a registrant who was not operating a vehicle, but who was 18 issued a summons or an appearance ticket for a violation of section 19 three hundred eighty-five, section four hundred one or section five 20 hundred eleven-a of this chapter. Upon the receipt of a court notifica- 21 tion of the failure of such person to appear within sixty days of the 22 return date or a new subsequent adjourned date, pursuant to an appear- 23 ance ticket charging said person with such violation, or the failure of 24 such person to pay a fine imposed by a court, the commissioner or his or 25 her agent may suspend the registration of the vehicle or vehicles 26 involved in such violation or privilege of operation of any motor vehi- 27 cle owned by the registrant pending receipt of notice from the court 28 that such person has appeared in response to such appearance ticket or 29 has paid such fine. Such suspension shall take effect no less than 30 thirty days from the day upon which notice thereof is sent by the 31 commissioner to the person whose registration or privilege is to be 32 suspended. Any suspension issued pursuant to this paragraph shall be 33 subject to the provisions of paragraph (j-1) of subdivision two of 34 section five hundred three of this chapter. 35 (c) Upon receipt of notification from a traffic and parking violations 36 agency or a traffic violations agency of the failure of a person to 37 appear within sixty days of the return date or new subsequent adjourned 38 date, pursuant to an appearance ticket charging said person with a 39 violation of: 40 (i) [any of the provisions of this chapter except one for parking,41stopping or standing and except those violations described in paragraphs42(a), (b), (d), (e) and (f) of subdivision two and in paragraphs (a),43(b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a),44(b), (d), (e), (f) and (g) of subdivision two-b of section three hundred45seventy-one of the general municipal law;46(ii)] section five hundred two or subdivision (a) of section eighteen 47 hundred fifteen of the tax law; or 48 [(iii)] (ii) section fourteen-f (except paragraph (b) of subdivision 49 four of section fourteen-f), two hundred eleven or two hundred twelve of 50 the transportation law[; or51(iv) any lawful ordinance or regulation made by a local or public52authority relating to traffic (except one for parking, stopping or53standing) or the failure to pay a fine imposed for such a violation by a54traffic and parking violations agency or a traffic violations agency], 55 the commissioner or his or her agent may suspend the driver's license or 56 privileges of such person pending receipt of notice from the agency thatA. 7463--A 5 1 such person has appeared in response to such appearance ticket or has 2 paid such fine. Such suspension shall take effect no less than thirty 3 days from the day upon which notice thereof is sent by the commissioner 4 to the person whose driver's license or privileges are to be suspended. 5 Any suspension issued pursuant to this paragraph shall be subject to the 6 provisions of paragraph (j-1) of subdivision two of section five hundred 7 three of this chapter. 8 § 6. Paragraph (a) of subdivision 2 of section 511 of the vehicle and 9 traffic law, as amended by chapter 607 of the laws of 1993 and subpara- 10 graph (ii) as amended by chapter 196 of the laws of 1996, is amended to 11 read as follows: 12 (a) A person is guilty of the offense of aggravated unlicensed opera- 13 tion of a motor vehicle in the second degree when such person commits 14 the offense of aggravated unlicensed operation of a motor vehicle in the 15 third degree as defined in subdivision one of this section; and 16 (i) has previously been convicted of an offense that consists of or 17 includes the elements comprising the offense committed within the imme- 18 diately preceding eighteen months; or 19 (ii) the suspension or revocation is based upon a refusal to submit to 20 a chemical test pursuant to section eleven hundred ninety-four of this 21 chapter, a finding of driving after having consumed alcohol in violation 22 of section eleven hundred ninety-two-a of this chapter or upon a 23 conviction for a violation of any of the provisions of section eleven 24 hundred ninety-two of this chapter; or 25 (iii) the suspension was a mandatory suspension pending prosecution of 26 a charge of a violation of section eleven hundred ninety-two of this 27 chapter ordered pursuant to paragraph (e) of subdivision two of section 28 eleven hundred ninety-three of this chapter or other similar statute[;29or30(iv) such person has in effect three or more suspensions, imposed on31at least three separate dates, for failure to answer, appear or pay a32fine, pursuant to subdivision three of section two hundred twenty-six or33subdivision four-a of section five hundred ten of this chapter]. 34 § 7. Paragraph (a) of subdivision 3 of section 511 of the vehicle and 35 traffic law, as amended by chapter 732 of the laws of 2006 and subpara- 36 graph (iii) as amended and subparagraph (iv) as added by chapter 169 of 37 the laws of 2013, is amended to read as follows: 38 (a) A person is guilty of the offense of aggravated unlicensed opera- 39 tion of a motor vehicle in the first degree when such person: (i) 40 commits the offense of aggravated unlicensed operation of a motor vehi- 41 cle in the second degree as provided in subparagraph (ii), (iii) or (iv) 42 of paragraph (a) of subdivision two of this section and is operating a 43 motor vehicle while under the influence of alcohol or a drug in 44 violation of subdivision one, two, two-a, three, four, four-a or five of 45 section eleven hundred ninety-two of this chapter; or 46 (ii) [commits the offense of aggravated unlicensed operation of a47motor vehicle in the third degree as defined in subdivision one of this48section; and is operating a motor vehicle while such person has in49effect ten or more suspensions, imposed on at least ten separate dates50for failure to answer, appear or pay a fine, pursuant to subdivision51three of section two hundred twenty-six of this chapter or subdivision52four-a of section five hundred ten of this article; or53(iii)] commits the offense of aggravated unlicensed operation of a 54 motor vehicle in the third degree as defined in subdivision one of this 55 section; and is operating a motor vehicle while under permanent revoca-A. 7463--A 6 1 tion as set forth in subparagraph twelve of paragraph (b) of subdivision 2 two of section eleven hundred ninety-three of this chapter; or 3 [(iv)] (iii) operates a motor vehicle upon a public highway while 4 holding a conditional license issued pursuant to paragraph (a) of subdi- 5 vision seven of section eleven hundred ninety-six of this chapter while 6 under the influence of alcohol or a drug in violation of subdivision 7 one, two, two-a, three, four, four-a or five of section eleven hundred 8 ninety-two of this chapter. 9 § 8. Subdivision 3 of section 514 of the vehicle and traffic law, as 10 amended by section 11 of part J of chapter 62 of the laws of 2003 and 11 paragraph (b) as amended by chapter 157 of the laws of 2017, is amended 12 to read as follows: 13 3. (a) Upon the failure of a person to appear or answer, within sixty 14 days of the return date or any subsequent adjourned date, or the failure 15 to pay a fine imposed by a court, pursuant to a summons charging him or 16 her with a violation of any of the provisions of this chapter (except 17 one for parking, stopping or standing), section five hundred two or five 18 hundred twelve of the tax law, section fourteen-f, two hundred eleven or 19 two hundred twelve of the transportation law or of any law, ordinance, 20 rule or regulation made by a local authority, relating to traffic 21 (except for parking, stopping or standing), the trial court or the clerk 22 thereof shall within ten days certify that fact to the commissioner, in 23 the manner and form prescribed by the commissioner, who shall record the 24 same in his or her office. Thereafter and upon the appearance of any 25 such person in response to such summons or the receipt of the fine by 26 the court, the trial court or the clerk thereof shall forthwith certify 27 that fact to the commissioner, in the manner and form prescribed by the 28 commissioner[; provided, however, no such certification shall be made29unless the court has collected the termination of suspension fee30required to be paid pursuant to paragraph (j-1) of subdivision two of31section five hundred three of this chapter]. 32 (b) Upon the failure of a person to appear or answer, within sixty 33 days of the return date or any subsequent adjourned date, or the failure 34 to pay a fine imposed by a traffic and parking violations agency or a 35 traffic violations agency pursuant to a summons charging him or her with 36 a violation of: 37 (1) any of the provisions of this chapter except one for parking, 38 stopping or standing and except those violations described in paragraphs 39 (a), (b), (d), (e) and (f) of subdivision two and in paragraphs (a), 40 (b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a), 41 (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred 42 seventy-one of the general municipal law; 43 (2) section five hundred two or subdivision (a) of section eighteen 44 hundred fifteen of the tax law; 45 (3) section fourteen-f (except paragraph (b) of subdivision four of 46 section fourteen-f), two hundred eleven or two hundred twelve of the 47 transportation law; or 48 (4) any lawful ordinance or regulation made by a local or public 49 authority relating to traffic (except one for parking, stopping or 50 standing); 51 the clerk thereof shall within ten days certify that fact to the commis- 52 sioner, in the manner and form prescribed by the commissioner, who shall 53 record the same in his or her office. Thereafter and upon the appearance 54 of any such person in response to such summons or the receipt of the 55 fine by the agency, the traffic and parking violations agency, the traf- 56 fic violations agency or the clerk thereof shall forthwith certify thatA. 7463--A 7 1 fact to the commissioner, in the manner and form prescribed by the 2 commissioner[; provided, however, no such certification shall be made3unless the traffic and parking violations agency or the traffic4violations agency has collected the termination of suspension fee5required to be paid pursuant to paragraph (j-1) of subdivision two of6section five hundred three of this chapter]. 7 § 9. The vehicle and traffic law is amended by adding a new section 8 519 to read as follows: 9 § 519. Termination of suspensions for failure to answer or failure to 10 pay. Within three months of the effective date of this section, the 11 commissioner shall terminate all suspensions of licenses, privileges to 12 operate a motor vehicle and registrations based upon a failure to answer 13 an appearance ticket or summons or failure to pay a fine, penalty or 14 mandatory surcharge pursuant to subdivision three of section two hundred 15 twenty-six, subdivision four of section two hundred twenty-seven, or 16 subdivision four-a of section five hundred ten of this chapter, then in 17 effect, exclusive of fines, penalties or surcharges for violations of 18 provisions of this chapter that remain in effect after the effective 19 date of this section. The commissioner shall waive all fees and penal- 20 ties associated with the termination of a suspension, including but not 21 limited to those described in subparagraph (i) of paragraph (j-1) of 22 subdivision two of section five hundred three, subdivision three of 23 section five hundred fourteen and paragraph a of subdivision four of 24 section two hundred twenty-seven of this chapter, as in existence prior 25 to the effective date of this section. 26 § 10. This act shall take effect on the ninetieth day after it shall 27 have become a law provided, however, sections two and nine of this act 28 shall take effect the first of April next succeeding the date upon which 29 it shall have become a law. Effective immediately, the addition, amend- 30 ment and/or repeal of any rule or regulation necessary for the implemen- 31 tation of this act on its effective date are authorized to be made and 32 completed on or before such effective date.