Bill Text: NY S07053 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to the suspension of a license to drive a motor vehicle or motorcycle; provides that such license suspension can be lifted if the individual enters into an installment payment plan to pay fines.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-12-21 - SIGNED CHAP.713 [S07053 Detail]
Download: New_York-2021-S07053-Amended.html
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. LBD11650-06-1S. 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 toS. 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 such38person 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 fees41including but not limited to those described in subparagraph (i) of42paragraph (j-1) of subdivision two of section five hundred three, subdi-43vision three of section five hundred fourteen and paragraph a of subdi-44vision 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 termS. 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-19stances,] 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.
