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

                                  9790

                          I N  A S S E M B L Y

                              April 8, 2016
                               ___________

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

AN  ACT to amend the vehicle and traffic law, in relation to authorizing
  the seizure and impoundment of all terrain  vehicles  and  off-highway
  motorcycles  operated  in violation of the provisions of such law in a
  city having a population of one million or more

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

  Section  1. Paragraph (b) of subdivision 1 of section 424 of the vehi-
cle and traffic law, as added by chapter 114 of the  laws  of  1991,  is
amended to read as follows:
  (b)  For  the purposes of this subdivision the term "impound" shall be
deemed to include the taking into possession by an agency of  any  motor
vehicle,  ALL  TERRAIN  VEHICLE OR OFF-HIGHWAY MOTORCYCLE which has been
abandoned, repossessed, seized  pending  forfeiture  proceedings,  taken
into  custody  or  held  as  evidence in the course of a police investi-
gation, required to be impounded by law, or in any other way taken  into
possession  or  held by an agency under circumstances in which the owner
may not reasonably have knowledge of the status of the vehicle.  Nothing
contained herein shall preclude a police department, which has  taken  a
vehicle into custody under these or other circumstances, from entering a
vehicle  into  the  New  York statewide police information network as an
impounded vehicle to facilitate location of the vehicle by its owner.
  S 2. Subdivision 2 of section 424 of the vehicle and traffic  law,  as
amended  by  chapter  114  of  the  laws  of 1991, is amended to read as
follows:
  2. (A) Any [policeman, state trooper] POLICE OFFICER or peace  officer
acting  pursuant  to  his  OR HER special duties shall have the power to
seize any motor vehicle or trailer in  the  state  when  there  is  good
reason  to  believe  that such motor vehicle or trailer has been stolen.
Unless the vehicle is subject to the provisions of section four  hundred
twenty-three-a of this article, the appropriate agency shall contact the
owner  of such motor vehicle or trailer, if known, and, after any stolen
vehicle alarm resulting from such theft has been cancelled, release  the

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

                                                           LBD14911-01-6

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vehicle  to  such  owner.  If the owner thereof cannot be ascertained in
accordance with procedures established by regulations of the commission-
er, a local police agency shall dispose of such vehicle as an  abandoned
vehicle  pursuant to section twelve hundred twenty-four of this chapter,
and the DIVISION OF state police shall hold such vehicle for, or deliver
it to the office of general services.
  (B) ANY POLICE OFFICER OR PEACE OFFICER ACTING PURSUANT TO HIS OR  HER
SPECIAL  DUTIES SHALL HAVE THE POWER TO SEIZE ANY ALL TERRAIN VEHICLE OR
OFF-HIGHWAY MOTORCYCLE WHEN SUCH VEHICLE OR MOTORCYCLE WAS  OPERATED  IN
VIOLATION  OF  TITLE  SEVEN OR ELEVEN OF THIS CHAPTER IN A CITY HAVING A
POPULATION OF ONE MILLION OR MORE.
  S 3. The vehicle and traffic law is amended by adding  a  new  section
424-a to read as follows:
  S  424-A.  REDEMPTION  AND  RETURN OF CERTAIN ALL TERRAIN VEHICLES AND
OFF-HIGHWAY MOTORCYCLES.  1. UPON SEIZURE AND  IMPOUNDMENT  OF  ANY  ALL
TERRAIN  VEHICLE  OR OFF-HIGHWAY MOTORCYCLE PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION FOUR HUNDRED TWENTY-FOUR OF THIS ARTICLE, THE
POLICE DEPARTMENT SEIZING SUCH VEHICLE OR MOTORCYCLE  SHALL  NOTIFY  THE
OWNER  THEREOF, IF KNOWN, BY CERTIFIED MAIL, THAT HIS OR HER ALL TERRAIN
VEHICLE OR OFF-HIGHWAY MOTORCYCLE HAS BEEN SEIZED  BY  SUCH  DEPARTMENT.
SUCH  NOTIFICATION  SHALL INCLUDE A BRIEF DESCRIPTION OF SUCH VEHICLE OR
MOTORCYCLE, ITS VEHICLE IDENTIFICATION NUMBER, THE OFFICE  AND  LOCATION
AT  WHICH  SUCH VEHICLE OR MOTORCYCLE MAY BE REDEEMED AND A STATEMENT OF
ALL CHARGES, FEES AND PENALTIES APPLICABLE TO THE  IMPOUNDMENT  THEREOF,
AND OF ALL FINES IMPOSED FOR THE ILLEGAL OPERATION THEREOF.
  2.  EXCEPT  AS  SPECIFICALLY OTHERWISE PROVIDED BY LAW, NO ALL TERRAIN
VEHICLE OR OFF-HIGHWAY MOTORCYCLE  SEIZED  AND  IMPOUNDED,  PURSUANT  TO
PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION FOUR HUNDRED TWENTY-FOUR OF
THIS ARTICLE, SHALL BE RELEASED BY THE ADMINISTRATIVE  TRIBUNAL  TO  THE
POSSESSION OF THE OWNER THEREOF UNTIL SUCH OWNER HAS:
  (A)  SUBMITTED  TO  THE  ADMINISTRATIVE TRIBUNAL SATISFACTORY PROOF OF
IDENTITY AND OWNERSHIP INCLUDING, BUT NOT LIMITED  TO,  THE  APPROPRIATE
REGISTRATION  FOR  THE  ALL  TERRAIN  VEHICLE ISSUED PURSUANT TO SECTION
TWENTY-TWO HUNDRED EIGHTY-FIVE  OR  THE  OFF-HIGHWAY  MOTORCYCLE  ISSUED
PURSUANT TO ARTICLE FIFTEEN OF THIS TITLE;
  (B)  PAID  THE  PREVAILING PENALTIES TO THE ADMINISTRATIVE TRIBUNAL OF
THE CITY THAT IMPOUNDED THE ALL TERRAIN VEHICLE OR OFF-HIGHWAY  MOTORCY-
CLE  PURSUANT  TO  SECTION TWENTY-FOUR HUNDRED FOURTEEN OF THIS CHAPTER;
AND
  (C) SUBMITTED PROOF TO THE ADMINISTRATIVE TRIBUNAL  THAT  THE  CHARGES
FOR VIOLATION OF THE PROVISIONS OF THIS CHAPTER HAVE BEEN DISPOSED OF BY
THE  ADMINISTRATIVE  TRIBUNAL,  AND THAT ALL FINES AND PENALTIES ARISING
THEREFROM HAVE BEEN PAID IN FULL BY EITHER THE  OWNER  OR  OPERATOR,  OR
THAT  THE OWNER HAS POSTED A BOND OF SEVEN THOUSAND FIVE HUNDRED DOLLARS
WITH SUCH BOARD AS SECURITY FOR PAYMENT OF ALL FINES AND PENALTIES ARIS-
ING OUT OF SUCH VIOLATIONS.
  3. THE ADMINISTRATIVE TRIBUNAL,  IN  ITS  DISCRETION,  MAY  WAIVE  THE
REQUIREMENTS  OF  PARAGRAPH  (B) OF SUBDIVISION TWO OF THIS SECTION WHEN
THE OWNER OF THE IMPOUNDED ALL TERRAIN VEHICLE OR OFF-HIGHWAY MOTORCYCLE
IS A BUSINESS ENGAGED IN THE RENTAL OR LEASE OF SUCH VEHICLES, AND  SUCH
OWNER  DID  NOT VIOLATE ANY PROVISION OF THIS CHAPTER WHICH WOULD NOT OR
DID NOT CAUSE THE SEIZURE OF THE  ALL  TERRAIN  VEHICLE  OR  OFF-HIGHWAY
MOTORCYCLE.
  4.  UPON  COMPLIANCE  WITH  THE  PROVISIONS OF SUBDIVISION TWO OF THIS
SECTION, THE ADMINISTRATIVE TRIBUNAL SHALL ISSUE, TO THE OWNER OF AN ALL
TERRAIN VEHICLE OR OFF-HIGHWAY  MOTORCYCLE,  AN  ORDER  OF  RELEASE  AND

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REDEMPTION  WHICH  SHALL  BE  ACCEPTED BY THE POLICE DEPARTMENT AND SUCH
DEPARTMENT SHALL SURRENDER SUCH VEHICLE OR MOTORCYCLE TO THE  POSSESSION
OF ITS OWNER.
  5.  IN  THE  EVENT THAT THE CHARGES FOR VIOLATION OF THE PROVISIONS OF
THIS CHAPTER WHICH RESULTED IN THE IMPOUNDMENT OF THE ALL TERRAIN  VEHI-
CLE  OR OFF-HIGHWAY MOTORCYCLE ARE DISMISSED, THE OWNER THEREOF SHALL BE
ENTITLED TO A REFUND OF ANY AND ALL FEES PAID TO THE  POLICE  DEPARTMENT
AND  THE ADMINISTRATIVE TRIBUNAL SHALL ISSUE AN ORDER PROVIDING FOR SUCH
REFUND.
  6. ANY ALL TERRAIN VEHICLE OR OFF-HIGHWAY MOTORCYCLE WHICH IS RELEASED
FOR REDEMPTION BY THE ADMINISTRATIVE TRIBUNAL AND WHICH IS  NOT  REMOVED
BY  ITS  OWNER  WITHIN TEN DAYS OF SUCH RELEASE SHALL BE DEEMED TO BE AN
ABANDONED VEHICLE WHICH MAY BE DISPOSED OF IN  ACCORDANCE  WITH  SECTION
TWELVE HUNDRED TWENTY-FOUR OF THIS CHAPTER.
  S  4.  The  vehicle and traffic law is amended by adding a new section
2414 to read as follows:
  S 2414. SEIZURE AND PENALTIES; CITY HAVING A POPULATION OF ONE MILLION
OR MORE. 1. SEIZURE.  IN ADDITION TO ANY OTHER PENALTY PROVIDED IN  THIS
CHAPTER,  ANY  ALL TERRAIN VEHICLE OR OFF-HIGHWAY MOTORCYCLE OPERATED IN
VIOLATION OF THE PROVISIONS OF THIS CHAPTER WITHIN A CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE, SHALL BE SUBJECT TO SEIZURE AND  IMPOUND-
MENT  PURSUANT  TO  PARAGRAPH  (B)  OF  SUBDIVISION  TWO OF SECTION FOUR
HUNDRED TWENTY-FOUR AND SECTION FOUR HUNDRED TWENTY-FOUR-A OF THIS CHAP-
TER.
  2. PENALTIES. IN ADDITION TO ANY OTHER PENALTY PROVIDED IN THIS  CHAP-
TER,  THE  OWNER  OF  ANY  ALL TERRAIN VEHICLE OR OFF-HIGHWAY MOTORCYCLE
OPERATED IN VIOLATION OF THE PROVISIONS OF THIS CHAPTER, WITHIN  A  CITY
HAVING  A  POPULATION  OF  ONE  MILLION  OR  MORE, SHALL (A) FOR A FIRST
CONVICTION OF SUCH A VIOLATION, BE SUBJECT TO  A  FINE  OF  TWO  HUNDRED
FIFTY  DOLLARS AND IMPOUNDMENT OF THE ALL TERRAIN VEHICLE OR OFF-HIGHWAY
MOTORCYCLE FOR NOT MORE THAN ONE HUNDRED DAYS  AT  THE  EXPENSE  OF  THE
OWNER  THEREOF  AT  THE  TIME OF THE CONVICTION; AND (B) FOR A SECOND OR
SUBSEQUENT VIOLATION, WITHIN TWENTY-FOUR MONTHS OF A PREVIOUS CONVICTION
OF THE OPERATION OF AN ALL TERRAIN VEHICLE OR OFF-HIGHWAY MOTORCYCLE  IN
VIOLATION  OF  THIS CHAPTER OR ANY STATE OR LOCAL LAW, CODE OR ORDINANCE
RELATING TO ALL TERRAIN VEHICLES OR OFF-HIGHWAY MOTORCYCLES, BE  SUBJECT
TO  A  FINE  OF  FIVE HUNDRED DOLLARS AND IMPOUNDMENT OF THE ALL TERRAIN
VEHICLE OR OFF-HIGHWAY MOTORCYCLE FOR A PERIOD OF  SIX  MONTHS,  AT  THE
EXPENSE OF THE OWNER THEREOF AT THE TIME OF THE CONVICTION.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and  completed  on
or before such effective date.