S T A T E   O F   N E W   Y O R K
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                                   6172
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2017
                                ___________
 
 Introduced   by   M.  of  A.  PICHARDO,  SEPULVEDA,  DAVILA,  GOTTFRIED,
   SEAWRIGHT, MOSLEY -- Multi-Sponsored by -- M.  of  A.  ABBATE,  GLICK,
   SIMON,  WEINSTEIN -- read once and referred to the Committee on Trans-
   portation
 
 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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10234-01-7

 A. 6172                             2
 
 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
 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.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 424-a to read as follows:
   §  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

 A. 6172                             3
 
 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
 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.
   §  4.  The  vehicle and traffic law is amended by adding a new section
 2414 to read as follows:
   § 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.
   §  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.