S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8848
 
                           I N  A S S E M B L Y
 
                             January 18, 2024
                                ___________
 
 Introduced by M. of A. SAYEGH -- read once and referred 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.
              

                                                            LBD04585-01-3
 A. 8848                             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.
 A. 8848                             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.