NY State Senate Bill 2021-S1082

Senate Bill S1082

2021-2022 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 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Jan 06, 2021	referred to transportation

co-Sponsors

2021-S1082 (ACTIVE) - Details

See Assembly Version of this Bill:: A6624
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1182-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8566, A8649
2019-2020: S8629, A7161
2023-2024: S2295, A8848

2021-S1082 (ACTIVE) - Summary

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

2021-S1082 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1082

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 crimi-
nal 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:

2019-20: S8629 Referred to Rules
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.
NEW YORK STATE SENATE

2021-S1082 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1082
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. MAYER, BIAGGI -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02676-01-1

 S. 1082                             2
 
 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.
   (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.

 S. 1082                             3
 
   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.
   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 S1082

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Sponsored By

Shelley B. Mayer