NY State Senate Bill 2017-S8566

Senate Bill S8566

2017-2018 Legislative Session

Relates to the seizure and redemption of vehicles used in illegal races, exhibitions or contests of speed

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2018	referred to transportation

2017-S8566 (ACTIVE) - Details

See Assembly Version of this Bill:: A8649
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1182-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8629, A7161
2021-2022: S1082, A6624
2023-2024: S2295, A8848

2017-S8566 (ACTIVE) - Summary

Relates to the seizure and redemption of vehicles used in illegal races, exhibitions or contests of speed.

2017-S8566 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8566

SPONSOR: MAYER
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the seizure and redemption of vehicles used in illegal
races, exhibitions or contests of speed

 
PURPOSE OR GENERAL IDEA OF BILL:

The legislation will minimize the number of illegal drag races and
contests of speed that take place on our public roads by allowing the
seizure and redemption of vehicles that are used in these instances.

 
SUMMARY OF PROVISIONS:

Section 1. Adds a new section 1182-c to the Vehicle and Traffic Law.
Seizure and redemption of vehicles used in illegal races, exhibitions or
contests of speed. 1. When done in the presence of an officer, upon
arrest or issuance of an appearance ticket, the officer may remove or
arrange for the removal of the vehicle to a safe place where it will
remain impounded. The vehicle will entered into the New York statewide

police information network as impounded, and the owner and local author-
ity will be notified. 2. The impounded vehicle is not to be released
unless the redeemer furnished evidence of registration and financial
security, and payment of removal and storage fees have been paid. The
registered owner is responsible for such payments however, if they were
not the operator at the time, then they shall have a cause of action
against such operator to recover such costs.  Exceptions of sorts are
made if the car was stolen, rented or leased.  If they offense was done
by the vehicle's owner, then the redeemer must have a valid license,
evidence that the criminal action founded upon the charge of violation
has been terminated, and fines imposed have been paid, or a certificate
issued by the court in which the criminal action was commenced ordering
release of the vehicle prior to the judgment or compliance therewith in
the interest of justice, or a certificate issued by the D.A. or other
officer authorized to prosecute such charge waiving the requirement that
the vehicle be held. 3. Once a seized and impounded vehicle has been in
the custody of the local authority for 30 days, such authority shall
notify the owner or lienholder, and if the vehicle is not retrieved
within 30 days of this notice, the vehicle will be forfeited. 4. A motor
vehicle that has been sized and not retrieved shall be forfeited to
local authority upon expiration of the period of notice, however in
computing this period, the period of time during which a criminal prose-
cution is or was pending against the owner for this offense is to be
excluded. Details of the forfeiture process our given. 5. A motor vehi-
cle forfeited shall be and become the property of the local authority,
subject however to any lien that was recorded prior to the seizure. 6.
Defines "local authority". 7. When a vehicle has been seized, it must be
made available to the owner or designated person for the purpose of
retrieving personal property found within or to obtain proof of regis-
tration, title, etc.

Section 2. Establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

This section is not applicable at this time.

 
JUSTIFICATION:
While the punishment for drag racing in New York State involves fines
and/or jail time, the number of incidents involving street racing on our
state roads continues to increase. While most individuals abide by the
rules of the road, it is evident that there are many who do not; leaving
law abiding citizens fearful for their safety.

With horrific incidents such as the Mother's Day drag racing crash of
2014 (Farmingdale) that killed five teenagers, and sent another to jail,
and the crash in September of 2016 (Rochester) that killed a pedestrian,
we are long overdue in expanding the consequences of illegal drag racing
on our public streets.

By legalizing the seizure of a vehicle that was used in an illegal drag
race, we will be adding another deterrent.

New York State would not be the first state to adopt vehicle seizure
laws in response to illegal drag racing as 11 other states have taken
similar action. Both the City of Yonkers and Suffolk County have also
adopted similar legislation.

 
PRIOR LEGISLATIVE HISTORY:

2017: A8649- Referred to Transportation

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

There are no negative fiscal implications associated with the passage of
this legislation.

 
EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall have become a
law.

2017-S8566 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8566
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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 the  seizure
   and  redemption  of  vehicles  used  in  illegal races, exhibitions or
   contests of speed
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1182-c to read as follows:
   § 1182-C. SEIZURE AND REDEMPTION OF VEHICLES USED  IN  ILLEGAL  RACES,
 EXHIBITIONS OR CONTESTS OF SPEED. 1. UPON MAKING AN ARREST OR UPON ISSU-
 ING  A SUMMONS OR AN APPEARANCE TICKET FOR A VIOLATION OF SECTION ELEVEN
 HUNDRED EIGHTY-TWO OF THIS ARTICLE COMMITTED IN HIS OR HER PRESENCE,  AN
 OFFICER  MAY  REMOVE  OR  ARRANGE  FOR  THE  REMOVAL OF THE VEHICLE TO A
 GARAGE, AUTOMOBILE POUND, OR OTHER PLACE OF SAFETY WHERE IT SHALL REMAIN
 IMPOUNDED, SUBJECT TO THE PROVISIONS OF THIS SECTION. SUCH VEHICLE SHALL
 BE ENTERED INTO THE NEW YORK STATEWIDE POLICE INFORMATION NETWORK AS  AN
 IMPOUNDED  VEHICLE  AND  THE IMPOUNDING POLICE DEPARTMENT SHALL PROMPTLY
 NOTIFY THE OWNER AND THE LOCAL  AUTHORITY  THAT  THE  VEHICLE  HAS  BEEN
 IMPOUNDED.
   2.  A  MOTOR VEHICLE SO IMPOUNDED SHALL BE IN THE CUSTODY OF THE LOCAL
 AUTHORITY AND SHALL NOT BE RELEASED UNLESS:
   (A) THE PERSON WHO REDEEMS IT HAS FURNISHED SATISFACTORY  EVIDENCE  OF
 REGISTRATION AND FINANCIAL SECURITY;
   (B)  PAYMENT  HAS  BEEN  MADE  FOR THE REASONABLE COSTS OF REMOVAL AND
 STORAGE OF THE MOTOR VEHICLE. THE REGISTERED OWNER OF THE VEHICLE  SHALL
 BE RESPONSIBLE FOR SUCH PAYMENT PROVIDED, HOWEVER, THAT IF HE OR SHE WAS
 NOT THE OPERATOR AT THE TIME OF THE OFFENSE HE OR SHE SHALL HAVE A CAUSE
 OF  ACTION AGAINST SUCH OPERATOR TO RECOVER SUCH COSTS. PAYMENT PRIOR TO
 RELEASE OF THE VEHICLE SHALL NOT BE REQUIRED IN CASES WHERE THE IMPOUND-
 ED VEHICLE WAS STOLEN OR WAS RENTED OR  LEASED  PURSUANT  TO  A  WRITTEN
 AGREEMENT  FOR  A PERIOD OF THIRTY DAYS OR LESS, HOWEVER THE OPERATOR OF
 SUCH A VEHICLE SHALL BE LIABLE FOR THE COSTS OF REMOVAL AND  STORAGE  OF
 THE VEHICLE TO ANY ENTITY RENDERING SUCH SERVICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13341-01-7

 S. 8566                             2
 
   (C)  WHERE  THE MOTOR VEHICLE WAS OPERATED BY A PERSON WHO AT THE TIME
 OF THE OFFENSE WAS THE OWNER THEREOF, (I) SATISFACTORY EVIDENCE THAT THE
 REGISTERED OWNER OR OTHER PERSON SEEKING TO REDEEM  THE  VEHICLE  HAS  A
 LICENSE  OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IN THIS STATE, AND (II)
 (A)  SATISFACTORY  EVIDENCE  THAT  THE  CRIMINAL ACTION FOUNDED UPON THE
 CHARGE OF A VIOLATION OF SECTION ELEVEN HUNDRED EIGHTY-TWO OF THIS ARTI-
 CLE HAS BEEN TERMINATED AND THAT ANY FINE  IMPOSED  AS  A  RESULT  OF  A
 CONVICTION  THEREON  HAS  BEEN  PAID, OR (B) A CERTIFICATE ISSUED BY THE
 COURT IN WHICH THE CRIMINAL ACTION WAS COMMENCED ORDERING RELEASE OF THE
 VEHICLE PRIOR TO THE JUDGMENT OR COMPLIANCE THEREWITH IN THE INTEREST OF
 JUSTICE, OR (C) A CERTIFICATE ISSUED BY THE DISTRICT ATTORNEY  OR  OTHER
 OFFICER AUTHORIZED TO PROSECUTE SUCH CHARGE WAIVING THE REQUIREMENT THAT
 THE  VEHICLE  BE  HELD  AS SECURITY FOR APPEARANCE BEFORE AND COMPLIANCE
 WITH THE JUDGMENT OF THE COURT.
   3. WHEN A VEHICLE SEIZED AND IMPOUNDED PURSUANT TO  THIS  SECTION  HAS
 BEEN IN THE CUSTODY OF THE LOCAL AUTHORITY FOR THIRTY DAYS, SUCH AUTHOR-
 ITY  SHALL  MAKE INQUIRY IN THE MANNER PRESCRIBED BY THE COMMISSIONER AS
 TO THE NAME AND ADDRESS OF THE OWNER AND ANY LIENHOLDER AND UPON RECEIPT
 OF SUCH INFORMATION SHALL NOTIFY THE OWNER AND THE LIENHOLDER,  IF  ANY,
 AT  HIS  OR  HER  LAST  KNOWN  ADDRESS BY CERTIFIED MAIL, RETURN RECEIPT
 REQUESTED, THAT IF THE VEHICLE IS NOT RETRIEVED PURSUANT TO  SUBDIVISION
 TWO  OF  THIS  SECTION  WITHIN  THIRTY  DAYS FROM THE DATE THE NOTICE IS
 GIVEN, IT WILL BE FORFEITED. IF THE VEHICLE WAS REGISTERED IN  NEW  YORK
 THE  LAST  KNOWN  ADDRESS SHALL BE THAT ADDRESS ON FILE WITH THE COMMIS-
 SIONER. IF THE VEHICLE WAS REGISTERED OUT-OF-STATE OR NEVER  REGISTERED,
 NOTIFICATION SHALL BE MADE IN THE MANNER PRESCRIBED BY THE COMMISSIONER.
   4.  A MOTOR VEHICLE THAT HAS BEEN SEIZED AND NOT RETRIEVED PURSUANT TO
 THE FOREGOING PROVISIONS OF THIS SECTION SHALL BE FORFEITED TO THE LOCAL
 AUTHORITY UPON EXPIRATION OF THE PERIOD  OF  THE  NOTICE  SET  FORTH  IN
 SUBDIVISION  THREE  OF THIS SECTION PROVIDED, HOWEVER, IN COMPUTING SUCH
 PERIOD, THE PERIOD OF TIME DURING WHICH A CRIMINAL PROSECUTION IS OR WAS
 PENDING AGAINST THE OWNER FOR A  VIOLATION  OF  THIS  SECTION  SHALL  BE
 EXCLUDED.  A  PROCEEDING TO DECREE SUCH FORFEITURE AND TO RECOVER TOWING
 AND STORAGE COSTS, IF ANY, TO THE EXTENT  SUCH  COSTS  EXCEED  THE  FAIR
 MARKET VALUE OF THE VEHICLE MAY BE BROUGHT BY THE LOCAL AUTHORITY IN THE
 COURT  IN  WHICH THE CRIMINAL ACTION FOR AGGRAVATED UNLICENSED OPERATION
 OF A MOTOR VEHICLE WAS COMMENCED BY  PETITION  FOR  AN  ORDER  DECREEING
 FORFEITURE OF THE MOTOR VEHICLE ACCOMPANIED BY AN AFFIDAVIT ATTESTING TO
 FACTS  SHOWING THAT FORFEITURE IS WARRANTED. IF THE IDENTITY AND ADDRESS
 OF THE OWNER AND/OR LIENHOLDER IS KNOWN TO THE LOCAL AUTHORITY, TEN DAYS
 NOTICE SHALL BE GIVEN TO SUCH PARTY, WHO SHALL HAVE  AN  OPPORTUNITY  TO
 APPEAR  AND  BE  HEARD  PRIOR TO ENTRY OF AN ORDER DECREEING FORFEITURE.
 WHERE THE COURT IS SATISFIED THAT  FORFEITURE  OF  A  MOTOR  VEHICLE  IS
 WARRANTED  IN  ACCORDANCE  WITH  THIS  SECTION,  IT SHALL ENTER AN ORDER
 DECREEING FORFEITURE OF SUCH VEHICLE. PROVIDED, HOWEVER, THAT THE  COURT
 AT ANY TIME PRIOR TO ENTRY OF SUCH AN ORDER MAY AUTHORIZE RELEASE OF THE
 VEHICLE  IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION UPON A SHOW-
 ING OF GOOD CAUSE FOR FAILURE TO RETRIEVE SAME PRIOR TO COMMENCEMENT  OF
 THE  PROCEEDING TO DECREE FORFEITURE, BUT IF THE COURT ORDERS RELEASE OF
 THE MOTOR VEHICLE AS HEREIN PROVIDED AND THE  VEHICLE  IS  NOT  REDEEMED
 WITHIN TEN DAYS FROM THE DATE OF SUCH ORDER, THE VEHICLE SHALL BE DEEMED
 TO  HAVE  BEEN  ABANDONED  AND  THE  COURT UPON APPLICATION OF THE LOCAL
 AUTHORITY MUST ENTER AN ORDER DECREEING ITS FORFEITURE.
   5. A MOTOR VEHICLE FORFEITED IN ACCORDANCE WITH THE PROVISIONS OF THIS
 SECTION SHALL BE AND BECOME THE PROPERTY OF THE LOCAL AUTHORITY, SUBJECT
 HOWEVER TO ANY LIEN THAT WAS RECORDED PRIOR TO THE SEIZURE.

 S. 8566                             3
 
   6. FOR THE PURPOSES OF THIS SECTION, THE TERM "LOCAL AUTHORITY"  MEANS
 THE  MUNICIPALITY  IN WHICH THE MOTOR VEHICLE WAS SEIZED; EXCEPT THAT IF
 THE MOTOR VEHICLE WAS SEIZED ON PROPERTY OF THE NEW YORK  STATE  THRUWAY
 AUTHORITY  OR  PROPERTY  UNDER  THE JURISDICTION OF THE OFFICE OF PARKS,
 RECREATION  AND HISTORIC PRESERVATION, THE DEPARTMENT OF TRANSPORTATION,
 OR A PUBLIC AUTHORITY OR COMMISSION, THE TERM  "LOCAL  AUTHORITY"  MEANS
 SUCH  AUTHORITY, OFFICE, DEPARTMENT, OR COMMISSION. A COUNTY MAY PROVIDE
 BY LOCAL LAW THAT THE COUNTY MAY ACT AS THE AGENT FOR A LOCAL  AUTHORITY
 UNDER THIS SECTION.
   7.  WHEN  A  VEHICLE  HAS  BEEN  SEIZED AND IMPOUNDED PURSUANT TO THIS
 SECTION, THE LOCAL AUTHORITY OR ANY PERSON HAVING CUSTODY OF THE VEHICLE
 SHALL MAKE THE VEHICLE AVAILABLE OR GRANT ACCESS TO IT TO ANY  OWNER  OR
 ANY PERSON DESIGNATED OR AUTHORIZED BY SUCH OWNER FOR THE PURPOSE OF (I)
 TAKING  POSSESSION OF ANY PERSONAL PROPERTY FOUND WITHIN THE VEHICLE AND
 (II) OBTAINING PROOF  OF  REGISTRATION,  FINANCIAL  SECURITY,  TITLE  OR
 DOCUMENTATION IN SUPPORT THEREOF.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.