Bill Text: NY S08629 | 2019-2020 | 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 2-0)

Status: (Introduced - Dead) 2020-06-24 - REFERRED TO RULES [S08629 Detail]

Download: New_York-2019-S08629-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8629

                    IN SENATE

                                      June 24, 2020
                                       ___________

        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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.
                                                                   LBD06026-01-9

        S. 8629                             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. 8629                             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.
feedback