S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9120

                          I N  A S S E M B L Y

                            January 28, 2016
                               ___________

Introduced  by M. of A. SCHIMEL -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic  law,  in  relation  to  veteran
  suspended licenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 503 of  the  vehicle  and  traffic
law,  as  amended by chapter 548 of the laws of 1986, is amended to read
as follows:
  3. Waiver of fee. (A) The commissioner may waive the payment  of  fees
required by subdivision two of this section if the applicant:
  (i)  is  an inmate in an institution under the jurisdiction of a state
department or agency, or
  (ii) is a victim of crime and the driver's license or learner's permit
applied for is a replacement for one that was lost  or  destroyed  as  a
result of the crime.
  (B) A MILITARY SERVICE MEMBER, INCLUDING A MEMBER OF THE UNITED STATES
ARMY,  NAVY,  AIR  FORCE, MARINES OR COAST GUARD, OR A MEMBER OF THE NEW
YORK ARMY NATIONAL GUARD, AIR NATIONAL GUARD,  NAVAL  MILITIA  OR  STATE
GUARD,  WHOSE LICENSE OR REGISTRATION IS SUSPENDED OR REVOKED DURING THE
PENDENCY OF ACTIVE DUTY MILITARY SERVICE OUTSIDE THE STATE, SHALL,  UPON
THE  SUBMISSION  OF PROOF OF SUCH ACTIVE SERVICE TO THE COMMISSIONER, BE
LIFTED AND VACATED UPON ORDER OF THE COMMISSIONER,  WITHOUT  COST,  FEE,
FINE,  OR  PENALTY.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION,
THE COMMISSIONER MAY IMPOSE A NEW SUSPENSION OF  SUCH  SERVICE  MEMBER'S
DRIVER'S  LICENSE OR REGISTRATION, AFTER SIXTY DAYS OF THE RETURN OF THE
SERVICE MEMBER FROM SUCH ACTIVE MILITARY SERVICE, OR AFTER SIXTY DAYS OF
THE LIFTING OR VACATING OF THE SUSPENSION OR  REVOCATION,  WHICHEVER  IS
LATER,  IF  THE  REASON  UPON  WHICH  THE  LICENSE  OR  REGISTRATION WAS
ORIGINALLY SUSPENDED, HAS NOT BEEN RESOLVED. PRIOR TO  THE  ISSUANCE  OF
THE  NEW  SUSPENSION  OR  REVOCATION,  THE COMMISSIONER SHALL NOTIFY THE
SERVICE MEMBER NOT LESS THAN THIRTY DAYS BEFORE SUCH NEW  SUSPENSION  OR
REVOCATION  WOULD  TAKE EFFECT. NO SUSPENSION OR REVOCATION OF A LICENSE
OF A SERVICE MEMBER SHALL BE LIFTED OR VACATED IN ACCORDANCE  WITH  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02438-04-6

A. 9120                             2

SUBDIVISION, IF SUCH SUSPENSION OR REVOCATION WAS IMPOSED AS A RESULT OF
A  COURT  ORDER  ISSUED PRIOR TO THE DATE OF THE SERVICE MEMBER'S ACTIVE
DUTY, IN A PROCEEDING IN WHICH THE SERVICE MEMBER PERSONALLY APPEARED.
  (C)  ANY  ACTION OR PROCEEDING RESULTING IN THE CONVICTION IN ABSENTIA
OF A MILITARY SERVICE MEMBER, INCLUDING A MEMBER OF  THE  UNITED  STATES
ARMY,  NAVY,  AIR  FORCE, MARINES OR COAST GUARD, OR A MEMBER OF THE NEW
YORK ARMY NATIONAL GUARD, AIR NATIONAL GUARD,  NAVAL  MILITIA  OR  STATE
GUARD,  FOR  A  VIOLATION  OF  THE  VEHICLE  AND TRAFFIC LAW INCLUDING A
VIOLATION OBSERVED BY A TRAFFIC-CONTROL SIGNAL PHOTO  VIOLATION-MONITOR-
ING  DEVICE  OR  A  PHOTO  SPEED VIOLATION MONITORING SYSTEM, DURING THE
PENDENCY OF ACTIVE DUTY MILITARY SERVICE OUTSIDE THE STATE, SHALL,  UPON
THE  SUBMISSION  OF  PROOF  OF  SUCH ACTIVE SERVICE TO THE COMMISSIONER,
CAUSE THE COMMISSIONER TO NOTIFY THE COURT WHERE THE SERVICE MEMBER  WAS
CONVICTED,  OF  THE ACTIVE DUTY SERVICE OF THE SERVICE MEMBER, WHEREUPON
SUCH COURT SHALL IMMEDIATELY REVERSE AND VACATE SUCH CONVICTION, WITHOUT
COST, FEE, FINE, OR PENALTY, AND  NOTIFY  THE  SERVICE  MEMBER  OF  SUCH
ACTION.    NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, THE COURT
MAY ACCEPT A REFILING OF THE CHARGES UPON WHICH SUCH SERVICE MEMBER  WAS
ORIGINALLY  CONVICTED,  WITHOUT  PREJUDICE,  BY A PROSECUTING AUTHORITY,
AFTER SIXTY DAYS OF THE RETURN OF THE SERVICE MEMBER  FROM  SUCH  ACTIVE
MILITARY  SERVICE,  OR  AFTER SIXTY DAYS OF THE REVERSING OR VACATING OF
THE ORIGINAL CONVICTION, WHICHEVER IS LATER. IF THE ORIGINAL CHARGES ARE
SO REFILED, THE COURT SHALL NOTIFY THE  SERVICE  MEMBER  NOT  LESS  THAN
THIRTY  DAYS  BEFORE  SUCH  CHARGES MUST BE ANSWERED. NO CONVICTION OF A
SERVICE MEMBER SHALL BE REVERSED OR  VACATED  IN  ACCORDANCE  WITH  THIS
SUBDIVISION,  IF  SUCH  CONVICTION  WAS IMPOSED PRIOR TO THE DATE OF THE
SERVICE MEMBER'S ACTIVE DUTY, IN  A  PROCEEDING  IN  WHICH  THE  SERVICE
MEMBER PERSONALLY APPEARED.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.