Assembly Bill A2438

2021-2022 Legislative Session

Requires police departments to electronically transmit to parking violations bureaus a copy of each stolen vehicle report prepared; use of electronic reports in defense

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Archive: Last Bill Status - In Assembly 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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2021-A2438 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §239, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3713
2011-2012: A438
2013-2014: A3092
2015-2016: A2964
2017-2018: A3536
2019-2020: A6961, A10967
2023-2024: A235

2021-A2438 (ACTIVE) - Summary

Requires police departments to electronically transmit to parking violations bureaus a copy of each stolen vehicle report prepared (within 5 days of the completion thereof); provides that for the purposes of an owner asserting a defense to a charge of parking violation (that the motor vehicle had been reported stolen and had not been recovered by such time), it shall be a sufficient defense that a copy of the electronically transmitted police report is on file with the parking violations bureau.

2021-A2438 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2438
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   police  departments  to  electronically transmit to parking violations
   bureaus a copy of each report of stolen vehicle prepared

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of section 239 of the vehicle and traffic
 law, as added by chapter 180 of the laws of 1980, is amended to read  as
 follows:
   3.  Stolen vehicles. If any owner of a motor vehicle receives a notice
 of violation for a period during which the illegally parked vehicle  was
 reported  to  any police department as having been stolen, it shall be a
 valid defense to any charge of a parking violation that the motor  vehi-
 cle  had  been  reported  to  the police as stolen prior to the time the
 violation occurred and had not been recovered by such time.  THE  POLICE
 DEPARTMENT  SHALL  ELECTRONICALLY  TRANSMIT  TO  THE  PARKING VIOLATIONS
 BUREAU, WHO SHALL RECEIVE AND KEEP ON FILE, A COPY  OF  EACH  REPORT  OF
 STOLEN  VEHICLE  WITHIN  FIVE  DAYS  OF THE REPORT'S COMPLETION. For the
 purposes of asserting the defense provided by this subdivision, it shall
 be A sufficient DEFENSE that [a]:
   A. A COPY OF THE  ELECTRONICALLY  TRANSMITTED  POLICE  REPORT  OF  THE
 STOLEN VEHICLE IS ON FILE WITH THE PARKING VIOLATIONS BUREAU, OR
   B.  A  certified  copy of the police report of the stolen vehicle [be]
 HAS BEEN mailed to the PARKING VIOLATIONS bureau.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00421-01-1

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