S T A T E   O F   N E W   Y O R K
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                                  1061

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. BING, CUSICK, PHEFFER, ABBATE, DINOWITZ, ZEBROW-
  SKI, REILLY,  KOON,  FIELDS,  EDDINGTON,  ESPAILLAT,  BROOK-KRASNY  --
  Multi-Sponsored  by  --  M.  of A.   BOYLAND, CAHILL, COOK, GABRYSZAK,
  GORDON,  GOTTFRIED,  HEASTIE,  JEFFRIES,  MAISEL,  McENENY,  ROBINSON,
  SEMINERIO, TITUS -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to the inclusion
  of certain information on an appearance ticket; and to amend the vehi-
  cle  and  traffic  law,  in relation to suspensions for failure to pay
  driver responsibility assessments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act shall be known and may be cited as the "traffic
violations fair notice act".
  S 2. Section 150.10 of the criminal procedure law is amended by adding
a new subdivision 3 to read as follows:
  3.  WHENEVER AN APPEARANCE TICKET, AS DEFINED IN  SUBDIVISION  ONE  OF
THIS  SECTION,  IS  ISSUED  IN ACCORDANCE WITH THE PROVISIONS OF SECTION
150.20 OF THIS ARTICLE TO A PERSON ALLEGING AN OFFENSE  OF  THE  VEHICLE
AND  TRAFFIC  LAW,  SUCH  APPEARANCE  TICKET  SHALL  CONTAIN LANGUAGE IN
ACCORDANCE WITH SUBDIVISION TWO  OF  THIS  SECTION,  AND  SHALL  CONTAIN
LANGUAGE NOTIFYING THE DEFENDANT OF:
  (A)  THE  MAXIMUM  FINE  SCHEDULE  ESTABLISHED BY SECTION ONE THOUSAND
EIGHT HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW;
  (B) HOW THE NUMBER OF POINTS ON YOUR LICENSE AFFECTS YOUR  ABILITY  TO
MAINTAIN A DRIVER'S LICENSE, AS SET FORTH IN 15 NYCRR S 131.4;
  (C)  THE  DRIVER  RESPONSIBILITY  ASSESSMENT PROGRAM ESTABLISHED UNDER
SECTION FIVE HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW,  TO  WHOM  IT
APPLIES, AND THE FINE SCHEDULE THAT ACCOMPANIES IT; AND
  (D)  THE MAXIMUM SURCHARGES THAT MAY BE APPLIED AGAINST A DRIVER IF HE
OR SHE PLEADS GUILTY TO THE ALLEGED INFRACTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03057-01-9

A. 1061                             2

  S 3. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 4-f to read as follows:
  4-F.  SUSPENSION  FOR FAILURE TO PAY DRIVER RESPONSIBILITY ASSESSMENT.
BEFORE THE DEPARTMENT MAY SUSPEND THE DRIVER'S LICENSE OR PRIVILEGES  OF
ANY PERSON WHO FAILS TO PAY THE DRIVER RESPONSIBILITY ASSESSMENT IMPOSED
UPON HIM OR HER BY THE DEPARTMENT PURSUANT TO SECTION FIVE HUNDRED THREE
OF THIS ARTICLE, THE DEPARTMENT MUST HAVE SENT SUCH PERSON NOTICES STAT-
ING  THAT  HE  OR  SHE  HAS  FAILED TO PAY THE REQUIRED ASSESSMENT. SUCH
NOTICES MUST BE SENT TO THE LAST KNOWN ADDRESS OF THE INDIVIDUAL ON  TWO
SEPARATE  OCCASIONS, EACH OCCASION OCCURRING AT LEAST THIRTY DAYS APART.
IF THE ASSESSMENT REMAINS UNPAID THIRTY DAYS AFTER THE SECOND AND  FINAL
NOTICE  HAS BEEN SENT, THE DEPARTMENT MAY SUSPEND THE DRIVING PRIVILEGES
OF SUCH PERSON. SUCH SUSPENSION SHALL TAKE EFFECT IMMEDIATELY.
  S 4. The commissioner of motor vehicles shall implement  any  rule  or
regulation  necessary  to  implement  the  provisions of this act on its
effective date. This shall include determining the language  that  shall
appear  on the ticket in accordance with the provisions of subdivision 3
of section 150.10 of the criminal procedure law.
  S 5. This act shall take effect immediately; except that  section  two
of  this act shall take effect on the one hundred eightieth day after it
shall have become a law.