Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 22, 2009 |
referred to codes |
Senate Bill S963
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S963 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §270.40, Pen L; amd §1193, V & T L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2233
2009-S963 (ACTIVE) - Summary
Creates the crime of unlawfully lending a motor where a person knowingly permits operation by a person whose license has been suspended or revoked for an alcohol related offense, and provides for impoundment of a vehicle if such permittee is charged with driving while intoxicated; directs that such impoundment shall be ordered at arraignment and shall last the shorter of 30 days or the duration of the prosecution.
2009-S963 (ACTIVE) - Sponsor Memo
BILL NUMBER: S963 TITLE OF BILL : An act to amend the penal law, in relation to creating the crime of unlawful lending of a motor vehicle and to amend the vehicle and traffic law, in relation to impoundment of a motor vehicle SUMMARY : Section 1 creates the new offense of unlawful lending of a motor vehicle. It prohibits vehicle owners from knowingly permitting the use of their vehicle by a person whose license has been suspended or revoked as the result of an alcohol-related offense. The offense is an A misdemeanor. Section 2 requires the impoundment of the vehicle of driver who registers a blood-alcohol content (BAC) of .10 or more in a chemical test at the time of arrest, where the driver either (1) has been convicted of two previous alcohol-related driving offenses, or (2) was driving without a valid license. Impoundment must be ordered at arraignment, and shall last the shorter of 30 days or the duration of the prosecution. Defendants are granted the opportunity to rebut the court's finding that reasonable cause exists to order a suspension. The vehicle owner, while he or she was not the operator, is given the opportunity to petition the court for the return of the vehicle, provided that he or she (1) is not charged with unlawfully lending the vehicle to the operator, and (2) has paid all costs
2009-S963 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 963 2009-2010 Regular Sessions I N S E N A T E January 22, 2009 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to creating the crime of unlawful lending of a motor vehicle and to amend the vehicle and traf- fic law, in relation to impoundment of a motor vehicle THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 270.40 to read as follows: S 270.40 UNLAWFUL LENDING OF A MOTOR VEHICLE. A PERSON IS GUILTY OF UNLAWFUL LENDING OF A MOTOR VEHICLE WHEN, AS OWNER OF A VEHICLE, HE OR SHE KNOWINGLY PERMITS OPERATION OF SUCH VEHI- CLE BY A PERSON KNOWN TO HAVE A REVOKED OR SUSPENDED LICENSE, WHERE SUCH REVOCATION OR SUSPENSION RESULTED FROM A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW. UNLAWFUL LENDING OF A MOTOR VEHICLE IS A CLASS A MISDEMEANOR. S 2. Section 1193 of the vehicle and traffic law is amended by adding a new subdivision 3 to read as follows: 3. VEHICLE IMPOUNDMENT PENDING PROSECUTION. (A) A COURT SHALL ORDER THE IMPOUNDMENT, PENDING PROSECUTION, OF A MOTOR VEHICLE OPERATED BY A PERSON CHARGED WITH A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, WHERE THE OPERATOR: (1) HAS BEEN CONVICTED OF A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE TWO OR MORE TIMES IN THE PRECEDING FIVE YEARS; OR (2) IS ALLEGED TO BE OPERATING SUCH VEHICLE WITHOUT A VALID LICENSE. (B) IN ORDER FOR THE COURT TO ORDER SUCH IMPOUNDMENT IT MUST FIND: (1) THAT THE ACCUSATORY INSTRUMENT CONFORMS TO THE REQUIREMENTS OF SECTION 100.40 OF THE CRIMINAL PROCEDURE LAW; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06798-01-9
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