Bill Text: NY S08566 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the seizure and redemption of vehicles used in illegal races, exhibitions or contests of speed.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-10 - REFERRED TO TRANSPORTATION [S08566 Detail]
Download: New_York-2017-S08566-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8566 IN SENATE May 10, 2018 ___________ Introduced by Sen. MAYER -- 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 the seizure and redemption of vehicles used in illegal races, exhibitions or contests of speed 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 1182-c to read as follows: 3 § 1182-c. Seizure and redemption of vehicles used in illegal races, 4 exhibitions or contests of speed. 1. Upon making an arrest or upon issu- 5 ing a summons or an appearance ticket for a violation of section eleven 6 hundred eighty-two of this article committed in his or her presence, an 7 officer may remove or arrange for the removal of the vehicle to a 8 garage, automobile pound, or other place of safety where it shall remain 9 impounded, subject to the provisions of this section. Such vehicle shall 10 be entered into the New York statewide police information network as an 11 impounded vehicle and the impounding police department shall promptly 12 notify the owner and the local authority that the vehicle has been 13 impounded. 14 2. A motor vehicle so impounded shall be in the custody of the local 15 authority and shall not be released unless: 16 (a) The person who redeems it has furnished satisfactory evidence of 17 registration and financial security; 18 (b) Payment has been made for the reasonable costs of removal and 19 storage of the motor vehicle. The registered owner of the vehicle shall 20 be responsible for such payment provided, however, that if he or she was 21 not the operator at the time of the offense he or she shall have a cause 22 of action against such operator to recover such costs. Payment prior to 23 release of the vehicle shall not be required in cases where the impound- 24 ed vehicle was stolen or was rented or leased pursuant to a written 25 agreement for a period of thirty days or less, however the operator of 26 such a vehicle shall be liable for the costs of removal and storage of 27 the vehicle to any entity rendering such service. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13341-01-7S. 8566 2 1 (c) Where the motor vehicle was operated by a person who at the time 2 of the offense was the owner thereof, (i) satisfactory evidence that the 3 registered owner or other person seeking to redeem the vehicle has a 4 license or privilege to operate a motor vehicle in this state, and (ii) 5 (A) satisfactory evidence that the criminal action founded upon the 6 charge of a violation of section eleven hundred eighty-two of this arti- 7 cle has been terminated and that any fine imposed as a result of a 8 conviction thereon has been paid, or (B) a certificate issued by the 9 court in which the criminal action was commenced ordering release of the 10 vehicle prior to the judgment or compliance therewith in the interest of 11 justice, or (C) a certificate issued by the district attorney or other 12 officer authorized to prosecute such charge waiving the requirement that 13 the vehicle be held as security for appearance before and compliance 14 with the judgment of the court. 15 3. When a vehicle seized and impounded pursuant to this section has 16 been in the custody of the local authority for thirty days, such author- 17 ity shall make inquiry in the manner prescribed by the commissioner as 18 to the name and address of the owner and any lienholder and upon receipt 19 of such information shall notify the owner and the lienholder, if any, 20 at his or her last known address by certified mail, return receipt 21 requested, that if the vehicle is not retrieved pursuant to subdivision 22 two of this section within thirty days from the date the notice is 23 given, it will be forfeited. If the vehicle was registered in New York 24 the last known address shall be that address on file with the commis- 25 sioner. If the vehicle was registered out-of-state or never registered, 26 notification shall be made in the manner prescribed by the commissioner. 27 4. A motor vehicle that has been seized and not retrieved pursuant to 28 the foregoing provisions of this section shall be forfeited to the local 29 authority upon expiration of the period of the notice set forth in 30 subdivision three of this section provided, however, in computing such 31 period, the period of time during which a criminal prosecution is or was 32 pending against the owner for a violation of this section shall be 33 excluded. A proceeding to decree such forfeiture and to recover towing 34 and storage costs, if any, to the extent such costs exceed the fair 35 market value of the vehicle may be brought by the local authority in the 36 court in which the criminal action for aggravated unlicensed operation 37 of a motor vehicle was commenced by petition for an order decreeing 38 forfeiture of the motor vehicle accompanied by an affidavit attesting to 39 facts showing that forfeiture is warranted. If the identity and address 40 of the owner and/or lienholder is known to the local authority, ten days 41 notice shall be given to such party, who shall have an opportunity to 42 appear and be heard prior to entry of an order decreeing forfeiture. 43 Where the court is satisfied that forfeiture of a motor vehicle is 44 warranted in accordance with this section, it shall enter an order 45 decreeing forfeiture of such vehicle. Provided, however, that the court 46 at any time prior to entry of such an order may authorize release of the 47 vehicle in accordance with subdivision two of this section upon a show- 48 ing of good cause for failure to retrieve same prior to commencement of 49 the proceeding to decree forfeiture, but if the court orders release of 50 the motor vehicle as herein provided and the vehicle is not redeemed 51 within ten days from the date of such order, the vehicle shall be deemed 52 to have been abandoned and the court upon application of the local 53 authority must enter an order decreeing its forfeiture. 54 5. A motor vehicle forfeited in accordance with the provisions of this 55 section shall be and become the property of the local authority, subject 56 however to any lien that was recorded prior to the seizure.S. 8566 3 1 6. For the purposes of this section, the term "local authority" means 2 the municipality in which the motor vehicle was seized; except that if 3 the motor vehicle was seized on property of the New York state thruway 4 authority or property under the jurisdiction of the office of parks, 5 recreation and historic preservation, the department of transportation, 6 or a public authority or commission, the term "local authority" means 7 such authority, office, department, or commission. A county may provide 8 by local law that the county may act as the agent for a local authority 9 under this section. 10 7. When a vehicle has been seized and impounded pursuant to this 11 section, the local authority or any person having custody of the vehicle 12 shall make the vehicle available or grant access to it to any owner or 13 any person designated or authorized by such owner for the purpose of (i) 14 taking possession of any personal property found within the vehicle and 15 (ii) obtaining proof of registration, financial security, title or 16 documentation in support thereof. 17 § 2. This act shall take effect on the ninetieth day after it shall 18 have become a law.
