NY State Assembly Bill 2009-A10208

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2010	referred to transportation

2009-A10208 (ACTIVE) - Details

See Senate Version of this Bill:: S6342
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §§501-c & 510-d, V & T L; add §130.87, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4889
2013-2014: A5532

2009-A10208 (ACTIVE) - Summary

Provides that sex offender registrants may not receive a commercial driver's license.

2009-A10208 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10208

TITLE  OF  BILL:    An  act to amend the vehicle and traffic law and the
penal law, in relation to restrictions on commercial driver's licenses

PURPOSE OR GENERAL IDEA OF THE BILL: To prevent a registered sex  offen-
der from obtaining a commercial driver's license.

SUMMARY OF PROVISIONS: Section 1 adds a new section 501-c to the vehicle
and  traffic  law  which  prevents the Department of Motor Vehicles from
issuing or renewing a commercial drivers license to any  person  who  is
required  to  register as a sex offender. This section also disqualifies
an individual who is registered as a sex offender from driving a commer-
cial vehicle or school bus. This section also requires the Department of
Motor Vehicles to not issue a commercial drivers license  until  it  has
searched  both the statewide registry as well as the National Sex Offen-
der Public Registry. If the Department is unable  to  access  either  of
these  registries the department shall require the individual to sign an
affidavit stating their name does not appear on either  registry,  after
such  affidavit  is assigned the individual shall be issued a commercial
driver's license. The Department shall then search the database  and  if
they  find the individuals name the person shall be in violation of this
section.  Section 1 also states that an individual who  is  disqualified
from.    receiving a commercial drivers license under this section shall
have a right to file a petition within  thirty  days  with  the  Supreme
Court  of  the county where they reside. This section makes it a class E

felony to make a false affidavit, or knowingly swear or affirm  falsely.
This  section  makes it a class D felony to violate the other provisions
of this section.

Section 2 amends the vehicle and traffic law by  adding  a  new  section
510-d  which  states  that the Department of Motor Vehicles shall revoke
the commercial drivers license of any person convicted as a sex offender
on or after June 1, 2010,

Section 3 states that is unlawful for any person who  is  registered  as
sex  offender  to drive a school bus or commercial vehicle and that such
crime is a class D felony.

Section 4 is the effective date.

JUSTIFICATION: Holding a commercial drivers' license is a privilege that
should not be extended to registered sex offenders. By not allowing  sex
offenders  from  holding  a commercial drivers license we are protecting
the public from these individuals. Individuals  who  hold  a  commercial
drivers  license  often travel as a large part of their job, this travel
makes them sometimes difficult to keep track  of  and  allows  them  the
ability  to  have  incidents of recidivism in various parts of the State
and Nation.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATION: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day.

2009-A10208 (ACTIVE) - Bill Text download pdf

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

                                  10208

                          I N  A S S E M B L Y

                             March 11, 2010
                               ___________

Introduced by M. of A. DelMONTE -- read once and referred to the Commit-
  tee on Transportation

AN  ACT  to  amend  the  vehicle  and  traffic law and the penal law, in
  relation to restrictions on commercial driver's licenses

  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 501-c to read as follows:
  S 501-C. COMMERCIAL DRIVER'S LICENSE RESTRICTIONS. 1.  THE  DEPARTMENT
SHALL  NOT  ISSUE  OR  RENEW A COMMERCIAL DRIVER'S LICENSE TO ANY PERSON
REQUIRED TO REGISTER UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
  2. THE DEPARTMENT SHALL NOT ISSUE A COMMERCIAL DRIVER LEARNER'S PERMIT
TO ANY PERSON REQUIRED TO REGISTER UNDER ARTICLE SIX-C OF THE CORRECTION
LAW.
  3. A PERSON WHO IS CONVICTED OF A VIOLATION THAT REQUIRES REGISTRATION
UNDER ARTICLE SIX-C OF THE CORRECTION LAW IS DISQUALIFIED FROM DRIVING A
COMMERCIAL MOTOR VEHICLE FOR THE PERIOD OF TIME DURING WHICH THE  PERSON
IS  REQUIRED  TO  MAINTAIN  REGISTRATION  UNDER  ARTICLE  SIX-C  OF  THE
CORRECTION LAW.
  4. A PERSON WHO DRIVES A COMMERCIAL VEHICLE OR SCHOOL BUS AND WHO DOES
NOT HAVE A COMMERCIAL DRIVER'S LICENSE BECAUSE THE PERSON WAS  CONVICTED
OF  A  VIOLATION  THAT  REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE
CORRECTION LAW SHALL BE PUNISHED AS PROVIDED IN SUBDIVISION SIX OF  THIS
SECTION.
  5.  THE DEPARTMENT SHALL NOT ISSUE A COMMERCIAL DRIVER'S LICENSE TO AN
APPLICANT UNTIL THE DEPARTMENT HAS SEARCHED BOTH THE STATEWIDE  REGISTRY
AND THE NATIONAL SEX OFFENDER PUBLIC REGISTRY TO DETERMINE IF THE PERSON
IS CURRENTLY REGISTERED AS A SEX OFFENDER IN NEW YORK OR ANOTHER STATE.
  A.  IF THE DEPARTMENT FINDS THAT THE PERSON IS CURRENTLY REGISTERED AS
A SEX OFFENDER IN EITHER NEW YORK OR ANOTHER STATE, THE  DEPARTMENT,  IN
COMPLIANCE  WITH  THIS  SECTION,  SHALL  NOT ISSUE A COMMERCIAL DRIVER'S
LICENSE TO THE APPLICANT.
  B. IF THE DEPARTMENT IS UNABLE TO ACCESS EITHER THE STATEWIDE REGISTRY
OR ALL OF THE STATES' INFORMATION CONTAINED IN THE NATIONAL SEX OFFENDER

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

                                                           LBD15214-04-0

A. 10208                            2

PUBLIC REGISTRY, BUT THE PERSON  IS  OTHERWISE  QUALIFIED  TO  OBTAIN  A
COMMERCIAL DRIVER'S LICENSE, THEN THE DEPARTMENT SHALL ISSUE THE COMMER-
CIAL  DRIVER'S  LICENSE  BUT  SHALL  FIRST REQUIRE THE PERSON TO SIGN AN
AFFIDAVIT  STATING  THAT THE PERSON DOES NOT APPEAR ON EITHER THE STATE-
WIDE REGISTRY OR THE NATIONAL SEX OFFENDER PUBLIC REGISTRY. THE  DEPART-
MENT  SHALL  SEARCH THE STATEWIDE REGISTRY AND THE NATIONAL SEX OFFENDER
PUBLIC REGISTRY FOR THE PERSON WITHIN A REASONABLE TIME AFTER ACCESS  TO
THE  STATEWIDE  REGISTRY OR THE NATIONAL SEX OFFENDER PUBLIC REGISTRY IS
RESTORED. IF THE PERSON DOES APPEAR IN EITHER REGISTRY, THE PERSON IS IN
VIOLATION OF THIS SECTION, AND THE DEPARTMENT SHALL  IMMEDIATELY  CANCEL
THE COMMERCIAL DRIVER'S LICENSE AND SHALL PROMPTLY NOTIFY THE SHERIFF OF
THE COUNTY WHERE THE PERSON RESIDES OF THE OFFENSE.
  C. ANY PERSON DENIED A COMMERCIAL DRIVER'S LICENSE OR WHO IS DISQUALI-
FIED  FROM DRIVING A COMMERCIAL VEHICLE THAT REQUIRES A COMMERCIAL DRIV-
ERS LICENSE BY THE DEPARTMENT PURSUANT TO  THIS  SECTION  SHALL  HAVE  A
RIGHT  TO FILE A PETITION WITHIN THIRTY DAYS THEREAFTER FOR A HEARING IN
THE MATTER, IN THE SUPREME COURT OF THE COUNTY WHERE THE PERSON RESIDES.
THE COURT IS VESTED WITH JURISDICTION TO HEAR THE PETITION, AND IT SHALL
BE THE DUTY OF THE COURT TO SET THE MATTER FOR HEARING UPON THIRTY DAYS'
WRITTEN NOTICE TO THE DEPARTMENT, AND THEREUPON TO  TAKE  TESTIMONY  AND
EXAMINE  INTO  THE  FACTS OF THE CASE AND TO DETERMINE WHETHER THE PETI-
TIONER IS ENTITLED TO A COMMERCIAL DRIVER'S LICENSE UNDER THE PROVISIONS
OF THIS SECTION.
  D. ANY PERSON WHO MAKES A FALSE AFFIDAVIT, OR WHO KNOWINGLY SWEARS  OR
AFFIRMS  FALSELY,  TO  ANY MATTER OR THING REQUIRED BY THE TERMS OF THIS
SECTION TO BE AFFIRMED TO OR SWORN IS GUILTY OF A CLASS E FELONY.
  6. A PERSON CONVICTED OF A VIOLATION OF THIS SECTION SHALL  BE  GUILTY
OF A CLASS D FELONY UNLESS SUCH VIOLATION IS SPECIFIED OTHERWISE.
  S  2.  The  vehicle and traffic law is amended by adding a new section
510-d to read as follows:
  S 510-D. REVOCATION OF COMMERCIAL DRIVER'S LICENSE UPON CONVICTION  OF
CERTAIN  OFFENSES.  THE  DEPARTMENT SHALL REVOKE THE COMMERCIAL DRIVER'S
LICENSE OF ANY PERSON CONVICTED OF ANY OFFENSE ON OR AFTER  JUNE  FIRST,
TWO  THOUSAND TEN, THAT REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE
CORRECTION LAW. THE PERSON MAY APPLY FOR THE ISSUANCE OF A  NEW  COMMER-
CIAL  DRIVER'S  LICENSE  PURSUANT  TO  THIS  CHAPTER,  BUT, SHALL REMAIN
DISQUALIFIED FROM OBTAINING A COMMERCIAL DRIVER'S LICENSE FOR THE PERIOD
OF TIME DURING WHICH THE PERSON IS REQUIRED TO MAINTAIN REGISTRATION.
  S 3. The penal law is amended by adding a new section 130.87  to  read
as follows:
S 130.87 UNLAWFUL DRIVING OF A COMMERCIAL VEHICLE OR SCHOOL BUS.
  IT  IS UNLAWFUL FOR ANY PERSON WHO IS REQUIRED TO REGISTER PURSUANT TO
ARTICLE SIX-C OF THE CORRECTION LAW TO DRIVE A COMMERCIAL VEHICLE  OR  A
SCHOOL BUS WITHOUT HAVING A VALID COMMERCIAL DRIVER'S LICENSE.
  UNLAWFUL  DRIVING  OF  A COMMERCIAL VEHICLE OR SCHOOL BUS IS A CLASS D
FELONY.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Assembly Bill A10208

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

2009-A10208 (ACTIVE) - Details

2009-A10208 (ACTIVE) - Summary

2009-A10208 (ACTIVE) - Sponsor Memo

2009-A10208 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

DELMONTE

Archive: Last Bill Status - In Assembly Committee

Actions

2009-A10208 (ACTIVE) - Details

2009-A10208 (ACTIVE) - Summary

2009-A10208 (ACTIVE) - Sponsor Memo

2009-A10208 (ACTIVE) - Bill Text download pdf

Comments