Assembly Bill A2408

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

                                  2408

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. GANTT -- Multi-Sponsored by -- M. of A. JAFFEE,
  WEINSTEIN -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  reexamination of drivers in certain cases

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

  Section 1. Section 506 of the vehicle and traffic law  is  amended  by
adding a new subdivision 1-a to read as follows:
  1-A.  IF  THE COMMISSIONER RECEIVES NOTIFICATION FROM A COURT PURSUANT
TO SECTION EIGHTEEN HUNDRED ELEVEN OF  THIS  CHAPTER,  THE  COMMISSIONER
SHALL  REQUIRE  SUCH PERSON TO SUBMIT TO AN EXAMINATION TO DETERMINE HIS
OR HER QUALIFICATIONS.
  S 2. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
traffic  law  is  amended  by adding a new subparagraph (xvi) to read as
follows:
  (XVI) WHEN THE HOLDER HAS FAILED TO APPLY TO THE  COMMISSIONER  WITHIN
THIRTY  DAYS  OF  A  COURT ORDER FOR A REEXAMINATION PURSUANT TO SECTION
EIGHTEEN HUNDRED ELEVEN OF THIS CHAPTER, UNTIL  THE  HOLDER  MAKES  SUCH
APPLICATION WITH THE COMMISSIONER.
  S  3.  The  vehicle and traffic law is amended by adding a new section
1811 to read as follows:
  S 1811. REEXAMINATION. 1. UPON SENTENCING  A  PERSON  CONVICTED  OF  A
VIOLATION   OF   ANY   OF  THE  PROVISIONS  OF  TITLE  SIX  OR  ARTICLES
TWENTY-THREE, TWENTY-FOUR, TWENTY-FIVE, TWENTY-SIX, TWENTY-EIGHT,  TWEN-
TY-NINE,  THIRTY,  THIRTY-ONE,  THIRTY-TWO,  AND  SECTION TWELVE HUNDRED
TWELVE OF THIS CHAPTER OR OF ANY ORDINANCE, ORDER,  RULE  OR  REGULATION
ADOPTED  PURSUANT  TO  SECTION SIXTEEN HUNDRED THIRTY OR SIXTEEN HUNDRED
THIRTY-ONE OF THIS CHAPTER AND EITHER (A) SUCH PERSON WAS CONVICTED  TWO
OR MORE TIMES WITHIN THE PREVIOUS EIGHTEEN MONTHS OF ANY SUCH PROVISION,
ORDINANCE,  ORDER,  RULE  OR  REGULATION  OR ANY COMBINATION THEREOF NOT
ARISING FROM THE SAME INCIDENT OR (B) THE COURT HAS  REASONABLE  GROUNDS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03713-01-9
              

A. 2408                             2

TO BELIEVE THAT SUCH PERSON IS NOT QUALIFIED TO DRIVE A MOTOR VEHICLE, A
COURT  MAY, IN ADDITION TO ANY OTHER PENALTY AUTHORIZED BY LAW, ISSUE AN
ORDER REQUIRING SUCH PERSON TO SUBMIT TO A REEXAMINATION BY THE  COMMIS-
SIONER PURSUANT TO SECTION FIVE HUNDRED SIX OF THIS CHAPTER.
  2. THE COURT OR THE CLERK THEREOF SHALL NOTIFY THE COMMISSIONER, WITH-
IN  TEN  DAYS  OF SENTENCING, OF AN ORDER FOR REEXAMINATION, IN A MANNER
AND FORM PRESCRIBED BY THE  COMMISSIONER.  SUCH  FORM  SHALL  CONTAIN  A
STATEMENT  BY  THE  COURT OF THE FACTS AND CIRCUMSTANCES THAT CAUSED THE
COURT TO BELIEVE THAT REEXAMINATION WAS NECESSARY.
  3. ANY SUCH REEXAMINATION SHALL BE MADE AT THE EXPENSE OF  THE  PERSON
REQUIRED TO BE EXAMINED.
  4.  NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO SUPERSEDE THE
REQUIREMENTS OF ARTICLE THIRTY-ONE OR ANY OTHER PROVISION OF THIS  CHAP-
TER  THAT  ARE  OTHERWISE  APPLICABLE  TO  THE SUSPENSION, REVOCATION OR
RESTORATION OF A DRIVER'S LICENSE.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.