S T A T E   O F   N E W   Y O R K
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                                  3140

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sen.  CROCI  -- 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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02438-01-5
              

S. 3140                             2

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
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,  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.
  (D) 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 AN ADMINISTRATIVE CODE, INCLUDING A  VIOLATION
OBSERVED  BY RED LIGHT CAMERAS OR THE TERMS AND AGREEMENTS OF AN EZ PASS
CONTRACT, 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 ADMINISTRATIVE
ENTITY WHICH DETERMINED SUCH CONVICTION, OF THE ACTIVE DUTY  SERVICE  OF
THE  SERVICE  MEMBER,  WHEREUPON  SUCH ADMINISTRATIVE ENTITY SHALL IMME-
DIATELY 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 ADMINISTRATIVE ENTITY MAY ACCEPT
A REFILING OF THE ADMINISTRATIVE CHARGES UPON WHICH SUCH SERVICE  MEMBER
WAS  ORIGINALLY  CONVICTED,  WITHOUT  PREJUDICE, 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 ADMINIS-
TRATIVE ENTITY 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.