S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2210
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 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.
   § 2. Subdivision 2 of section 424 of the vehicle and traffic  law,  as
 amended  by  chapter  476  of  the  laws  of 2018, is amended to read as
 follows:
   2. (A) Any police officer[, state trooper]  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06373-01-9

 A. 2210                             2
 
 three-a  of this article, the appropriate agency shall contact the owner
 of such motor vehicle or trailer, if known, and, after any stolen  vehi-
 cle  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 OF THIS CHAPTER OR THE OFF-HIGHWAY MOTOR-
 CYCLE 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.

 A. 2210                             3
 
   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.  Effective immediate-
 ly, 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.