S T A T E   O F   N E W   Y O R K
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                                  1333

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Transportation

AN  ACT  to  amend the vehicle and traffic law, in relation to postpone-
  ments of hearings

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

  Section  1.  Section  225 of the vehicle and traffic law is amended by
adding a new subdivision 4 to read as follows:
  4. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  PROVIDING
FOR  THE  POSTPONEMENT  OF  HEARINGS.  SUCH  RULES AND REGULATIONS SHALL
PROVIDE THAT SUBSEQUENT TO THE ENTRY OF A PLEA OF NOT GUILTY A  MOTORIST
MAY REQUEST ONE POSTPONEMENT OF A HEARING BY TELEPHONE OR BY MAILING HIS
OR  HER REQUEST AT LEAST FOUR DAYS BEFORE THE HEARING DATE, TO THE HEAR-
ING OFFICE WHERE THE HEARING WILL BE HELD.  SUCH MOTORIST SHALL BE NOTI-
FIED BY MAIL OF THE RESCHEDULED DATE OF THE HEARING. A MOTORIST MAY ALSO
REQUEST A POSTPONEMENT BY APPEARING IN PERSON  OR  THROUGH  A  REPRESEN-
TATIVE  APPEARING  IN PERSON (A) AT ANY HEARING OFFICE, AT LEAST ONE DAY
BEFORE THE HEARING WILL BE HELD OR (B) AT THE HEARING OFFICE  WHERE  THE
HEARING  WILL  BE HELD, FOR GOOD CAUSE SHOWN, ON THE DAY OF THE HEARING.
FOR A SECOND OR SUBSEQUENT POSTPONEMENT  THE  MOTORIST  OR  HIS  OR  HER
REPRESENTATIVE  SHALL SHOW GOOD CAUSE. FOR THE PURPOSES OF THIS SUBDIVI-
SION, "GOOD CAUSE" SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  ANY  OF  THE
FOLLOWING:    DEATH, SERIOUS BODILY INJURY OR ILLNESS OF A MEMBER OF THE
MOTORIST'S IMMEDIATE FAMILY; ILLNESS OR SERIOUS  BODILY  INJURY  OF  THE
MOTORIST; A CONFLICTING COURT APPEARANCE OF THE MOTORIST'S ATTORNEY; THE
MOTORIST'S  RELIGIOUS OBSERVANCE; OR ACADEMIC EXAMINATION. POSTPONEMENTS
OF HEARINGS SHALL BE GRANTED IF AN ATTORNEY CONFLICT IS  CREATED  BY  AN
ADMINISTRATIVE ADJOURNMENT OR POLICE OFFICER UNAVAILABILITY. FOR A THIRD
OR SUBSEQUENT POSTPONEMENT OF A HEARING BY A MOTORIST, THE HEARING OFFI-
CER MAY ORDER THE POSTING OF SECURITY.

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

                                                           LBD00202-01-9

A. 1333                             2

  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law; provided that any rules and regulations
necessary to implement the provisions of this act on its effective  date
are  authorized and directed to be completed on or before such effective
date.