NY State Senate Bill 2019-S8629

Senate Bill S8629

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 24, 2020	referred to rules

co-Sponsors

2019-S8629 (ACTIVE) - Details

See Assembly Version of this Bill:: A7161
Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1182-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8566, A8649
2021-2022: S1082, A6624
2023-2024: S2295, A8848

2019-S8629 (ACTIVE) - Summary

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

2019-S8629 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8629

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 discourage illegal drag races and contests of speed
by enabling law enforcement to seize vehicles involved in such inci-
dents.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 1182-c to the Vehicle and Traffic Law to
permit the seizure, forfeiture and redemption of vehicles used in ille-
gal races, exhibitions or contests of speed, as follows:

  (1) Upon arrest or issuance of a summons or an appearance ticket for
illegal races, exhibitions or contests of speed, the officer may impound
the vehicle. The vehicle will then be entered into the New York state-
wide police information network as impounded, and the owner and local
authority will be notified.

  (2) Subject to certain exceptions, the impounded vehicle is not to be
released unless the redeemer furnishes evidence of registration and
financial security, and pays removal and storage fees. The registered
owner is responsible for such payments, provided, however, if the owner
was not the operator at the time, the owner shall have a cause of action
against such operator to recover such costs. If the offense was commit-
ted by the vehicle's owner, then the redeemer must have:

   a. a valid license, and
   b. at least one of the following: (i) evidence that the relevant
criminal action has been terminated, and criminal fines imposed have
been paid, or (ii) an appropriate certificate issued by the relevant
court ordering release of the vehicle, or (iii) a certificate issued by
the district attorney or other proper officer permitting release of the
vehicle.

  (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 and
lienholder (if any), and if the vehicle is not retrieved within 30 days
of such notice, the vehicle will be forfeited.

  (4) A motor vehicle that has been seized and not retrieved shall be
forfeited to the local authority upon expiration of the period of
notice. However, the period of time during which a criminal prosecution
is or was pending against the owner for the relevant offense is excluded
from the determination of the relevant period of notice. The subpara-
graph provides further details Of the forfeiture process, including
release of the vehicle in limited circumstances.

  (5) A motor vehicle forfeited shall become the property of the local
authority, subject to any lien that was recorded prior to the seizure.

  (6) This paragraph 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 prop-
erty within the vehicle, or to obtain proof of registration, title, etc.

Section 2 establishes the effective date.

 
JUSTIFICATION:

While the punishment for drag racing in New York State involves fines
and/or jail time, the number of incidents involving drag racing on our
roads continues to be problematic.

With horrific drag racing crashes such those occurring in 2020 in Queens
(killing an off-duty police officer), in 2014 in Farmingdale (killing
five teenagers), in 2016 in Rochester (killing a pedestrian), and in
2009 in Queens (killing a 12-year old boy), we are long overdue for
augmenting the consequences for illegal drag racing. To add to the
innate dangers of this illegal conduct, unlicensed drag racing events
often involve, or result in, ancillary criminal activities. This was
made all too clear on in 2015, in Yonkers, when 23-year-old Michael
Nolan, an innocent bystander who had a promising future as a newly
drafted Oakland A's baseball player, was killed in a drive-by shooting
which stemmed from events associated with a drag race. These events
illustrate the lack of regard that participants in illegal racing activ-
ities have for the potentially deadly toll of their actions and the
larger threat to public safety. It is time we deprived drag racers of
what they need in order to race - their cars.

By providing for the seizure of a vehicle that was used in an illegal
drag race, we will not only be adding another deterrent to this reckless
act, but also a new layer of public safety protection by taking these
vehicles off the streets and out of the hands of those who operate them
with wanton disregard for human life. This law will provide our public
safety officials with an additional tool to combat the unintended conse-
quences of such recklessness.

New York State would not be the first state to adopt vehicle seizure
laws in response to illegal drag racing - a number of other states have
taken similar actions, as have local jurisdictions such as Suffolk Coun-
ty and the City of Yonkers.

 
PRIOR LEGISLATIVE HISTORY:

2018: S8566 - Referred to Transportation

 
FISCAL IMPLICATIONS:

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

 
EFFECTIVE DATE:
This act shall take effect 90 days after it shall have become a law.

2019-S8629 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8629
 
                             I N  S E N A T E
 
                               June 24, 2020
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.
                                                            LBD06026-01-9

 S. 8629                             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. 8629                             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.

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Senate Bill S8629

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Sponsored By

Shelley B. Mayer