S T A T E   O F   N E W   Y O R K
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                                  7419

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2009
                               ___________

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

AN ACT  to  amend  the  penal  law,  the  criminal  procedure  law,  the
  correction  law,  the  state finance law, the vehicle and traffic law,
  the judiciary law, the civil practice law  and  rules,  the  executive
  law,  the  environmental  conservation  law and the public authorities
  law, in relation to enacting the comprehensive auto  theft  prevention
  act

  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  "compre-
hensive auto theft prevention act".
  S 2. Legislative findings. The legislature declares that a motor vehi-
cle theft crisis of pandemic proportions exists in the state.  The theft
and  vandalism of motor vehicles has been allowed to continue unchecked.
The legislature finds that the criminal justice  system's  inability  to
enforce  the current laws protecting vehicles and motorists breeds cyni-
cism and contempt for the legal system.
  Based upon these findings, it is the legislature's  intent  to  ensure
that  the  motor vehicle theft epidemic in this state is comprehensively
addressed by the criminal justice system.
  The legislature declares that  without  new  statutory  and  financial
resources  to  combat  motor  vehicle  theft,  the  problem  will not be
substantively ameliorated.
  It is the policy of this state that the investigation, prosecution and
incarceration of those responsible for motor vehicle theft  and  related
crimes shall be a priority for the criminal justice system.
  S  3.  Section  10.00  of  the  penal law is amended by adding two new
subdivisions 21 and 22 to read as follows:
  21. THE TERM "MOTOR VEHICLE" SHALL MEAN ALL  VEHICLES  AS  DEFINED  BY
SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00997-02-9
              

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  22.  THE TERM "MOTOR VEHICLE THEFT" SHALL MEAN ALL VIOLATIONS OF ARTI-
CLE ONE HUNDRED FIFTY-FIVE OR ONE HUNDRED  SIXTY-FIVE  OF  THIS  CHAPTER
WHICH  INVOLVE  THE THEFT OF A MOTOR VEHICLE OR THE PARTS THEREOF OR THE
POSSESSION OR USE OF A STOLEN VEHICLE OR PARTS THEREOF.
  S 4. The penal law is amended by adding a new section 60.15 to read as
follows:
S 60.15 AUTHORIZED  DISPOSITION;  PERSISTENT  MOTOR VEHICLE THEFT OFFEN-
          DERS.
  WHEN THE COURT HAS DETERMINED, PURSUANT TO THE  APPLICABLE  PROVISIONS
OF  LAW, THAT A PERSON IS A PERSISTENT MOTOR VEHICLE THEFT OFFENDER, THE
COURT, IN LIEU OF IMPOSING A SENTENCE AUTHORIZED BY ARTICLE  SIXTY-FIVE,
EIGHTY  OR  EIGHTY-FIVE  OF  THIS  CHAPTER,  MUST IMPOSE THE SENTENCE OF
IMPRISONMENT PROVIDED FOR A CLASS C FELONY.
  S 5. Subdivision 1 of section 70.15 of the penal law,  as  amended  by
chapter 291 of the laws of 1993, is amended to read as follows:
  1.  Class  A  misdemeanor.  A  sentence  of imprisonment for a class A
misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
imposed  the  term shall be fixed by the court, and shall not exceed one
year; provided, however, that a sentence of imprisonment imposed upon  a
conviction  of  criminal  possession of a weapon in the fourth degree as
defined in subdivision one of section 265.01 must be for a period of  no
less than one year when the conviction was the result of a plea of guil-
ty entered in satisfaction of an indictment [or any count thereof charg-
ing  the  defendant  with the class D violent felony offense of criminal
possession of a weapon in the third degree  as  defined  in  subdivision
four  of section 265.02] AND PROVIDED FURTHER THAT FOR A FIRST OR SECOND
CONVICTION OF ANY VIOLATION OF ARTICLE ONE  HUNDRED  FIFTY-FIVE  OR  ONE
HUNDRED  SIXTY-FIVE OF THIS CHAPTER, A SENTENCE OF NO LESS THAN ONE YEAR
OF IMPRISONMENT MUST BE IMPOSED WHEN THE CONVICTION WAS THE RESULT OF  A
PLEA  OF  GUILTY  ENTERED  IN SATISFACTION OF AN INDICTMENT OR ANY COUNT
THEREOF CHARGING THE DEFENDANT WITH MOTOR VEHICLE THEFT  AS  DEFINED  IN
SECTION  10.00  OF  THIS  CHAPTER,  except that the court may impose any
other sentence authorized by law upon a person who has not  been  previ-
ously  convicted  in the five years immediately preceding the commission
of the offense for a felony or a class A  misdemeanor  defined  in  this
chapter,  if  the court having regard to the nature and circumstances of
the crime and to the history and character of the  defendant,  finds  on
the  record that such sentence would be unduly harsh and that the alter-
native sentence would be consistent with  public  safety  and  does  not
deprecate the seriousness of the crime.
  S 6. The penal law is amended by adding a new section 70.17 to read as
follows:
S 70.17 SENTENCE  OF  IMPRISONMENT  FOR  PERSISTENT  MOTOR VEHICLE THEFT
          OFFENDERS.
  1. A PERSISTENT MOTOR VEHICLE  THEFT  OFFENDER  IS  A  PERSON  WHO  IS
CONVICTED OF A VIOLATION OF ARTICLE ONE HUNDRED FIFTY-FIVE OF THIS CHAP-
TER AFTER HAVING TWO PREVIOUS CONVICTIONS FOR MOTOR VEHICLE THEFT.
  2.  FOR  THE  PURPOSES  OF  THIS SECTION, A PRIOR CONVICTION FOR MOTOR
VEHICLE THEFT SHALL ONLY INCLUDE CONVICTIONS FOR VIOLATION  OF  SECTIONS
155.23,  155.25, 155.30, 155.35, 155.42, 165.05, 165.06, 165.08, 165.09,
165.10, 165.40, 165.45, 165.50, 165.52, OR 165.54 OF THIS  CHAPTER,  OR,
IN  ANOTHER  JURISDICTION, OF AN OFFENSE HAVING ELEMENTS SIMILAR TO THAT
DESCRIBED IN SECTION 155.30, 155.35,  155.42,  165.05,  165.06,  165.08,
165.09,  165.10, 165.40, 165.45, 165.50, 165.52, OR 165.54 OF THIS CHAP-
TER, FOR WHICH A SENTENCE OF A TERM OF  IMPRISONMENT  IS  AUTHORIZED  BY
STATUTE, WHEN THE OFFENSE INVOLVED THE THEFT OF A MOTOR VEHICLE OR PARTS

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THEREOF,  OR  POSSESSION  OF  A  STOLEN  MOTOR  VEHICLE OR PART THEREOF.
SENTENCING FOR SUCH PRIOR CONVICTIONS MUST HAVE BEEN IMPOSED BEFORE  THE
COMMISSION  OF  THE  PRESENT  OFFENSE.  A  SUSPENDED SENTENCE, SUSPENDED
EXECUTION OF A SENTENCE, A FINE, PROBATION, CONDITIONAL OR UNCONDITIONAL
DISCHARGE,  AND A SENTENCE OF CERTIFICATION TO THE CARE AND CUSTODY OF A
DRUG ABUSE CONTROL COMMISSION,  SHALL  BE  DEEMED  A  SENTENCE  FOR  THE
PURPOSE OF THIS SECTION.
  S  7.  The penal law is amended by adding a new section 155.23 to read
as follows:
S 155.23 GRAND LARCENY AUTO.
  A PERSON IS GUILTY OF GRAND LARCENY AUTO WHEN HE UNLAWFULLY  POSSESSES
A  STOLEN  MOTOR  VEHICLE  WITHIN FORTY-EIGHT HOURS OF THE THEFT OF SUCH
VEHICLE OR WITHIN FORTY-EIGHT HOURS OF  THE  TIME  WHEN  SUCH  THEFT  IS
REPORTED TO THE POLICE, WHICHEVER IS LATER.
  GRAND LARCENY AUTO IS A CLASS D FELONY.
  S 8. Section 165.65 of the penal law is amended by adding a new subdi-
vision 3 to read as follows:
  3.  ALL LICENSED VEHICLE DISMANTLERS, SALVAGE POOLS, MOBILE CAR CRUSH-
ERS, ITINERANT VEHICLE COLLECTORS, AND OTHERS WHO ARE IN THE BUSINESS OF
BUYING AND SELLING MOTOR VEHICLES OR PARTS THEREOF  WHO  POSSESS  STOLEN
MOTOR  VEHICLES OR PARTS THEREOF ARE PRESUMED TO KNOW THAT SUCH PROPERTY
WAS STOLEN IF IT WAS OBTAINED WITHOUT IT BEING ASCERTAINED BY AN INQUIRY
PRESCRIBED IN SECTION FOUR HUNDRED FIFTEEN-A OF THE VEHICLE AND  TRAFFIC
LAW  THAT  THE  PERSON IT WAS OBTAINED FROM HAD A LEGAL RIGHT TO POSSESS
IT.
  S 9. Section 220.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7. NOTWITHSTANDING ANY OF THE FOREGOING, BEFORE THE COURT MAY  CONSENT
TO  ANY  PLEA FOR A LESSER OFFENSE PURSUANT TO SUBDIVISION THREE OF THIS
SECTION FOR AN INDICTMENT WHICH CHARGES THE DEFENDANT WITH A CRIME MEET-
ING THE DEFINITION OF MOTOR VEHICLE THEFT UNDER  SECTION  10.00  OF  THE
PENAL  LAW,  THE  COURT  MUST  STATE FOR THE RECORD HOW THE INTERESTS OF
JUSTICE ARE SERVED BY SUCH PLEA TO A LESSER OFFENSE. THE COURT  MAY  NOT
CONSIDER  ANY  PERCEIVED LACK OF PRISON SPACE, FISCAL CONSTRAINT, OR THE
NUMBER OF CASES PENDING BEFORE THE COURT WHEN STATING SUCH BENEFITS.
  S 10. Section 410.10 of the  criminal  procedure  law  is  amended  by
adding a new subdivision 4 to read as follows:
  4.  WHEN  A COURT PRONOUNCES A SENTENCE OF PROBATION OR OF CONDITIONAL
DISCHARGE FOR A DEFENDANT CONVICTED OF MOTOR VEHICLE THEFT AS DEFINED IN
SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW, OTHER  THAN  A
PERSISTENT  MOTOR  VEHICLE THEFT OFFENDER AS DEFINED IN SECTION 70.17 OF
THE PENAL LAW, IT MUST ALSO SPECIFY AS PART OF THE SENTENCE THE INTEREST
OF JUSTICE THAT IS SERVED BY SUCH  SENTENCE  OTHER  THAN  INCARCERATION.
THE  COURT  SHALL  NOT  CONSIDER  ANY  PERCEIVED LACK OF PRISON SPACE OR
FISCAL CONSTRAINTS WHEN STATING SUCH BENEFITS.
  S 11. Section 70 of the correction law is  amended  by  adding  a  new
subdivision 9 to read as follows:
  9.  THE COMMISSIONER IS AUTHORIZED TO ACQUIRE FROM THE COMMISSIONER OF
MENTAL HEALTH ANY AND ALL HOSPITALS, AS DEFINED IN  SUBDIVISION  TEN  OF
SECTION 1.03 OF THE MENTAL HYGIENE LAW, THAT ARE NO LONGER NEEDED BY THE
OFFICE OF MENTAL HEALTH. THE COMMISSIONER IS AUTHORIZED TO CONVERT THESE
HOSPITALS  AS NECESSARY FOR USE AS CORRECTIONAL FACILITIES AS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION. THE COMMISSIONER SHALL
REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE  AND  THE
SPEAKER  OF  THE  ASSEMBLY,  NO  LATER  THAN  THE  FIRST OF JANUARY NEXT
SUCCEEDING THE DATE WHEN THIS SUBDIVISION  SHALL  TAKE  EFFECT,  ON  THE

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DEPARTMENT'S  PROGRESS  IN ACQUIRING AND CONVERTING THESE HOSPITALS INTO
CORRECTIONAL FACILITIES AS DEFINED IN PARAGRAPH (A) OF  SUBDIVISION  ONE
OF THIS SECTION.
  S  12.  The  correction  law is amended by adding a new section 615 to
read as follows:
  S 615. REPORTS ON EXPANDING JAIL CAPACITY. EVERY SHERIFF, OR IN  COUN-
TIES WITHIN THE CITY OF NEW YORK, THE COMMISSIONER OF CORRECTION OF SUCH
CITY,  SHALL  REPORT  NO LATER THAN THE FIRST OF JANUARY OF EACH YEAR TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF  THE
ASSEMBLY,  THE  CHIEF  EXECUTIVE OFFICER OF SUCH COUNTY OR CITY, AND THE
LEGISLATIVE BODY OF SUCH COUNTY OR CITY, ON OPPORTUNITIES TO EXPAND JAIL
CAPACITY WITHIN SUCH JURISDICTION.
  S 13. Section 855 of the correction law is amended  by  adding  a  new
subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY OF THE FOREGOING, NO OTHERWISE ELIGIBLE INMATE
WHO  IS  UNDER  SENTENCE  FOR  MOTOR VEHICLE THEFT AS DEFINED IN SECTION
10.00 OF THE PENAL LAW SHALL BE RELEASED UNTIL HE HAS  SERVED  AT  LEAST
ONE-HALF OF HIS OR HER MINIMUM TERM OF IMPRISONMENT.
  S 14. Subdivision 2 of section 91 of the state finance law, as amended
by chapter 55 of the laws of 1992, is amended to read as follows:
  2. Such account shall consist of all fees received pursuant to article
five,  sections three hundred ninety-four, three hundred ninety-eight-c,
four hundred fifteen, [four hundred  fifteen-a,]  four  hundred  twenty-
nine,  subdivision  four  of section five hundred thirty and subdivision
seven of section one thousand one hundred ninety-six OF THE VEHICLE  AND
TRAFFIC  LAW and all reinstatement, suspension, termination and reappli-
cation fees received pursuant to article nineteen  of  the  vehicle  and
traffic  law and required to be deposited to this account, and all other
monies credited or transferred thereto from any  other  fund  or  source
pursuant to law.
  S 15. The state finance law is amended by adding a new section 90-c to
read as follows:
  S  90-C.  MOTOR  VEHICLE INVESTIGATION FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE A SPECIAL REVENUE FUND TO  BE  KNOWN  AS  THE
MOTOR VEHICLE INVESTIGATION FUND.
  2.  SUCH  FUND  SHALL  CONSIST  OF  ALL REVENUES RECEIVED BY THE STATE
PURSUANT TO SECTION FOUR HUNDRED FIFTEEN-A OF THE  VEHICLE  AND  TRAFFIC
LAW  AND ALL OTHER MONIES CREDITED OR TRANSFERRED THERETO FROM ANY OTHER
FUND OR SOURCE PURSUANT TO LAW.
  3. MONIES OF THE MOTOR VEHICLE INVESTIGATION FUND, FOLLOWING APPROPRI-
ATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR  OF  THE  BUDGET
SHALL  BE  MADE  AVAILABLE  TO  THE DEPARTMENT OF MOTOR VEHICLES FOR THE
COSTS ASSOCIATED WITH ENFORCEMENT OF SECTION FOUR HUNDRED  FIFTEEN-A  OF
THE VEHICLE AND TRAFFIC LAW.
  S 16. The state finance law is amended by adding a new section 97-jjjj
to read as follows:
  S  97-JJJJ.  COMBAT AUTO THEFT FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS  THE  COMBAT  AUTO  THEFT
FUND.
  2.  SUCH  FUND  SHALL  CONSIST  OF  ALL REVENUES RECEIVED BY THE STATE
PURSUANT TO ARTICLE FOUR HUNDRED NINETY-FIVE OF THE PENAL  LAW  AND  ALL
OTHER  GRANTS, BEQUESTS OR OTHER MONEYS CREDITED, APPROPRIATED OR TRANS-
FERRED THERETO FROM ANY OTHER FUND OR SOURCE.

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  3. MONEYS OF THE COMBAT AUTO THEFT FUND,  FOLLOWING  APPROPRIATION  BY
THE  LEGISLATURE  AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE
MADE AVAILABLE FOR THE FOLLOWING PURPOSES:
  A. FOR FUNDING AND PROGRAMMATIC ASSISTANCE TO ANY NON-PROFIT ORGANIZA-
TION CERTIFIED BY THE CHAIRPERSON OF THE CRIME VICTIMS BOARD.
  B. FOR THE EXPENSES OF THE "AUTO THEFT REWARD" PROGRAM.
  C.  FOR  GRANTS TO ENABLE LOCAL POLICE AGENCIES TO INCREASE THE NUMBER
OF INVESTIGATORS ASSIGNED TO MOTOR VEHICLE THEFT CRIMES, AS  DEFINED  IN
SECTION 10.00 OF THE PENAL LAW.
  D.  FOR  THE  EXPENSES OF ANY SPECIAL TERMS OF THE SUPREME COURT WHICH
MAY BE ESTABLISHED PURSUANT TO ARTICLE FIVE-C OF THE JUDICIARY LAW.
  E. FOR THE APPOINTMENT OF ASSISTANT DISTRICT ATTORNEYS AND OTHER STAFF
PURSUANT TO ARTICLE FIVE-C OF THE JUDICIARY LAW.
  F. FOR GRANTS TO ENABLE DISTRICT  ATTORNEYS  IN  COUNTIES  NOT  WHOLLY
CONTAINED  WITHIN  A  CITY HAVING A POPULATION OF ONE MILLION OR MORE TO
INCREASE THE NUMBER OF ASSISTANT DISTRICT ATTORNEYS ASSIGNED  TO  PROSE-
CUTE  MOTOR  VEHICLE  THEFT  CRIMES,  AS DEFINED IN SECTION 10.00 OF THE
PENAL LAW.
  G. FOR GRANTS TO ENABLE LOCAL POLICE AGENCIES AND  DISTRICT  ATTORNEYS
TO  PURCHASE  EQUIPMENT  NEEDED FOR THE INVESTIGATION AND PROSECUTION OF
MOTOR VEHICLE THEFT CRIMES, AS DEFINED IN SECTION  10.00  OF  THE  PENAL
LAW.
  4.  MONEYS  SHALL  BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED  BY  THE  CHAIR-
PERSON  OF  THE  CRIME VICTIMS BOARD; PROVIDED, HOWEVER, THAT BEFORE THE
CHAIRPERSON MAY EXECUTE ANY VOUCHER, HE MUST  CERTIFY  THAT  ANY  GRANTS
CONTAINING  MONEYS FROM THE COMBAT AUTO THEFT FUND PURSUANT TO PARAGRAPH
C, D OR E OF SUBDIVISION THREE OF THIS SECTION, SHALL BE USED TO  EXPAND
OR  ESTABLISH  MOTOR  VEHICLE  THEFT PREVENTION PROGRAMS, RATHER THAN TO
FUND EXISTING PROGRAMS.  THE CHAIRPERSON SHALL AWARD ALL GRANTS CONTAIN-
ING MONEYS FROM THE COMBAT AUTO THEFT FUND PURSUANT TO PARAGRAPHS  C,  D
AND  E  OF SUBDIVISION THREE OF THIS SECTION TO LOCALITIES IN ACCORDANCE
WITH THE INCIDENCE OF MOTOR VEHICLE THEFT WITHIN THEIR JURISDICTION.
  S 17. The vehicle and traffic law is amended by adding a  new  section
161 to read as follows:
  S  161. TOW TRUCK. EVERY VEHICLE THAT IS EQUIPPED WITH A CRANE, WINCH,
TOW BAR, PUSH PLATE, OR OTHER DEVICE DESIGNED TO PULL OR PUSH A  VEHICLE
OR RAISE A VEHICLE OR THE FRONT OR REAR ENDS THEREOF.
  S  18.  The vehicle and traffic law is amended by adding a new section
223-a to read as follows:
  S 223-A. ROUTINE CHECK OF REGISTRATION. 1. THE SUPERINTENDENT OF STATE
POLICE, IN CONSULTATION WITH THE COMMISSIONER, IS AUTHORIZED TO  PROMUL-
GATE REGULATIONS TO ENSURE THAT LOCAL AUTHORITIES, AS DEFINED IN SECTION
ONE  HUNDRED TWENTY-TWO OF THIS CHAPTER, ESTABLISH PROGRAMS TO ROUTINELY
AND REGULARLY CHECK THE OWNERSHIP OF MOTOR VEHICLES AS DEFINED IN SUBDI-
VISION TWO OF THIS SECTION FOR THE PURPOSE OF DETECTING  AND  RECOVERING
STOLEN MOTOR VEHICLES.
  2.  FOR  THE  PURPOSES  OF  THIS  SECTION,  LOCAL AUTHORITIES SHALL BE
AUTHORIZED TO CHECK THE OWNERSHIP OF ALL VEHICLES DURING THE TIMES SPEC-
IFIED IN SECTION TWO HUNDRED TWENTY-THREE OF THIS ARTICLE WHICH EITHER:
  (A) ARE PARTICIPATING IN THE MOTOR VEHICLE  THEFT  PREVENTION  PROGRAM
ESTABLISHED IN SECTION TWO HUNDRED TWENTY-THREE OF THIS ARTICLE; OR
  (B) SHOW PHYSICAL EVIDENCE OF HAVING BEEN STOLEN OR VANDALIZED.
  S  19.  Subdivision 3 of section 415-a of the vehicle and traffic law,
as amended by chapter 309 of the laws of 1996, is  amended  to  read  as
follows:

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  3.  Fees.  The  annual  fee  for registration as a vehicle dismantler,
salvage pool, mobile car crusher or itinerant vehicle collector shall be
[fifty] FIVE HUNDRED dollars. Upon approval of an application, an appro-
priate registration shall be issued for a period of time  determined  by
the  commissioner  and  if  issued for a period of more or less than one
year, the fee shall be prorated on a monthly basis. Fees assessed  under
this  section  shall  be  paid  to  the  commissioner for deposit to the
[general fund] MOTOR VEHICLE INVESTIGATION FUND ESTABLISHED PURSUANT  TO
SECTION NINETY-C OF THE STATE FINANCE LAW.
  S  20.  Paragraph (a) of subdivision 5 of section 415-a of the vehicle
and traffic law, as amended by chapter 180  of  the  laws  of  2006,  is
amended to read as follows:
  (a)  Any records required by this section shall apply only to vehicles
or parts of vehicles for which a certificate of title has been issued by
the commissioner or which would be eligible to have such  a  certificate
of title issued. Every person required to be registered pursuant to this
section  shall  maintain  a  record of all motor vehicles, trailers, and
major component parts thereof[,] AND ANY POTENTIALLY HAZARDOUS WASTES AS
DEFINED IN SECTION 27-0303 OF THE ENVIRONMENTAL CONSERVATION LAW  coming
into  his  possession  together  with a record of the disposition of any
such motor vehicle, trailer or part thereof  and  the  date  such  motor
vehicle, trailer or part thereof is received and shall maintain proof of
ownership for any motor vehicle, trailer or major component part thereof
while  in his possession. For the purposes of this article an inflatable
restraint system shall be a major component part. Such records shall  be
maintained  in  a  manner  and form prescribed by the commissioner. [The
commissioner may, by regulation,  exempt  vehicles  or  major  component
parts  of  vehicles from all or a portion of the record keeping require-
ments based upon the age of the vehicle if the commissioner  deems  that
such  record  keeping requirements would not further the purposes of the
motor vehicle  theft  prevention  program  established  by  section  two
hundred  twenty-three  of this chapter] UPON RECEIPT OF A MOTOR VEHICLE,
ALL DEALERS LICENSED UNDER SUBDIVISION FOUR OF THIS SECTION MUST MAKE AN
INQUIRY TO THE STATE POLICE INFORMATION NETWORK AS TO WHETHER THE PERSON
FROM WHICH THE VEHICLE WAS OBTAINED HAD A LEGAL  RIGHT  TO  POSSESS  THE
VEHICLE. THE INQUIRY MUST ALSO BE CONDUCTED WHEN A LICENSEE RECEIVES ANY
MOTOR  VEHICLE  PART  WITH A RETAIL VALUE IN EXCESS OF TWO HUNDRED FIFTY
DOLLARS, AND THE LOCATION AND/OR DISPOSAL OF THE REMAINDER OF THE  VEHI-
CLE  MUST BE ACCOUNTED FOR AND REGISTERED IN THE RECORD AS WELL. ACCEPT-
ANCE OF A VEHICLE OR PART THEREOF WITH A RETAIL VALUE IN EXCESS  OF  TWO
HUNDRED  FIFTY  DOLLARS WITHOUT CONDUCTING SUCH AN INQUIRY, OR THE ENTRY
OF A FALSE CONFIRMATION OF AN INDIVIDUAL'S RIGHT TO POSSESS THE  VEHICLE
OR  PARTS  THEREOF,  OR FAILURE TO MAINTAIN SUCH CONFIRMATION SHALL, FOR
THE PURPOSE OF  THIS  SECTION,  BE  CONSIDERED  FAILURE  TO  CONDUCT  AN
INQUIRY.  FAILURE TO CONDUCT SUCH AN INQUIRY SHALL RESULT IN THE IMMEDI-
ATE REVOCATION OF THE LICENSE.  Upon request of an [agent of the commis-
sioner or of any police officer] INVESTIGATOR OF THE DEPARTMENT, A SWORN
OFFICER  OF  THE WATER SUPPLY POLICE EMPLOYED BY THE CITY OF NEW YORK, A
SWORN OFFICER OF THE DIVISION OF LAW ENFORCEMENT IN  THE  DEPARTMENT  OF
ENVIRONMENTAL  CONSERVATION,  OR  OFFICERS AND MEMBERS OF THE SANITATION
POLICE OF THE DEPARTMENT OF SANITATION OF THE  CITY  OF  NEW  YORK  DULY
APPOINTED  AS  PEACE OFFICERS BY SUCH DEPARTMENT, and during his regular
and usual business hours, AND NOT LESS THAN TWICE NOR MORE  THAN  TWELVE
TIMES  DURING  A  CALENDAR YEAR, a vehicle dismantler shall produce such
records and permit said [agent or police officer] INVESTIGATOR OR  OFFI-
CER  to  examine  them  and  any vehicles or parts of vehicles which are

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subject to the record keeping requirements of this section and which are
on the premises. Upon request of any [agent of the commissioner]  INVES-
TIGATOR  OF  THE  DEPARTMENT, A SWORN OFFICER OF THE WATER SUPPLY POLICE
EMPLOYED BY THE CITY OF NEW YORK, A SWORN OFFICER OF THE DIVISION OF LAW
ENFORCEMENT IN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OR OFFICERS
AND  MEMBERS OF THE SANITATION POLICE OF THE DEPARTMENT OF SANITATION OF
THE CITY OF NEW YORK DULY APPOINTED AS PEACE OFFICERS  BY  SUCH  DEPART-
MENT, and during his regular and usual business hours, AND NOT LESS THAN
TWICE NOR MORE THAN TWELVE TIMES DURING A CALENDAR YEAR, a salvage pool,
mobile  car  crusher  or  itinerant vehicle collector shall produce such
records and permit said [agent or police officer] INVESTIGATOR OR  OFFI-
CER  to  examine  them  and  any vehicles or parts of vehicles which are
subject to the record keeping requirements of this section and which are
on the premises.  BEFORE THE COMMISSIONER SHALL ISSUE ANY  PERMIT  TO  A
VEHICLE DISMANTLER, SALVAGE POOL, MOBILE CAR CRUSHER, OR ITINERANT VEHI-
CLE  COLLECTOR, THE LICENSEE SHALL SIGN A STATEMENT OF INFORMED CONSENT,
PROMULGATED  BY  THE  COMMISSIONER,  AUTHORIZING  INVESTIGATORS  OF  THE
DEPARTMENT  OR  ANY  OF THE SWORN OFFICERS ENUMERATED IN THIS SECTION TO
CONDUCT ADMINISTRATIVE SEARCHES,  WITHOUT  A  WARRANT,  TO  ENFORCE  THE
PROVISIONS OF THIS SECTION. IF, DURING THIS INSPECTION, IT IS DISCOVERED
THAT  THE  LICENSEE FAILED TO KEEP ACCURATE RECORDS AS PRESCRIBED BY THE
COMMISSIONER, OR IF HE FAILED TO MAKE AN INQUIRY AS TO THE PROPER  PRIOR
OWNERSHIP  OF  THE  VEHICLE  OR PARTS THEREOF, THEN THE LICENSE SHALL BE
IMMEDIATELY REVOKED BY THE INVESTIGATOR OR OFFICER.  FOR THE PURPOSES OF
THIS SECTION, ANY INVESTIGATOR OR SWORN OFFICER IS AUTHORIZED TO EXAMINE
ANY RECORDS MAINTAINED IN ACCORDANCE WITH THIS SECTION AND  ANY  VEHICLE
OR  PART  ON THE PREMISES TO VERIFY THE VERACITY OF THE RECORDS. FOR THE
PURPOSES OF ENFORCING SECTION 27-0309 OF THE ENVIRONMENTAL  CONSERVATION
LAW,  ANY  SUCH  INVESTIGATOR  OR  OFFICER SHALL ALSO HAVE ACCESS TO ANY
OTHER WRITTEN RECORDS MAINTAINED BY THE LICENSEE. ANY VIOLATION  OF  LAW
DISCOVERED  BY  AN  INVESTIGATOR  OR  OFFICER  DURING  AN ADMINISTRATIVE
INSPECTION CONDUCTED PURSUANT TO THIS SECTION SHALL BE PROMPTLY REPORTED
TO A POLICE OFFICER WHO MUST OBTAIN A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW BEFORE ANY  SEARCH  MAY
PROCEED.  The  failure  to  produce  such  records  or  to  permit  such
inspection on the part of any person required to be registered  pursuant
to  this section as required by this paragraph shall be a class A misde-
meanor.
  S 21. Section 424 of the vehicle and traffic law is amended by  adding
a new subdivision 3 to read as follows:
  3.  ANY POLICE OFFICER, STATE TROOPER, OR PEACE OFFICER, ACTING PURSU-
ANT TO HIS SPECIAL DUTIES SHALL  HAVE  THE  POWER  TO  DETAIN,  FOR  THE
PURPOSES OF DETERMINING PROPER OWNERSHIP OF THE VEHICLE BEING TOWED, ANY
TOW TRUCK AS DEFINED IN SECTION ONE HUNDRED SIXTY-ONE OF THIS CHAPTER.
  S 22. The judiciary law is amended by adding a new article 5-C to read
as follows:
                                ARTICLE 5-C
        SPECIAL MOTOR VEHICLE THEFT PARTS OF THE SUPREME COURT IN
             CITIES WITH A POPULATION OF ONE MILLION OR MORE
SECTION 178-A. SPECIAL MOTOR VEHICLE THEFT PARTS; ESTABLISHMENT.
        178-B. SPECIAL  MOTOR  VEHICLE THEFT PARTS; PROSECUTORIAL ORGAN-
                 IZATION.
        178-C. SPECIAL MOTOR VEHICLE THEFT PARTS; PROCEDURE.
        178-D. SPECIAL MOTOR VEHICLE THEFT PARTS; PROBATION SERVICES.
  S 178-A. SPECIAL MOTOR VEHICLE THEFT PARTS; ESTABLISHMENT. 1.    THERE
SHALL  BE  ESTABLISHED  IN  CITIES HAVING A POPULATION OF ONE MILLION OR

A. 7419                             8

MORE IN THE SUPREME COURT, SPECIAL MOTOR VEHICLE  THEFT  PARTS  IN  SUCH
NUMBERS  AND AT SUCH LOCATIONS AS SHALL BE DESIGNATED BY THE ADMINISTRA-
TIVE BOARD OF THE JUDICIAL CONFERENCE OF THE STATE OF NEW YORK TO EFFEC-
TUATE  THE PURPOSES OF THIS ARTICLE. SUCH PARTS SHALL HEAR AND DETERMINE
MOTOR VEHICLE THEFT INDICTMENTS ASSIGNED THERETO FROM ANY  PART  OF  THE
SUPREME COURT IN ANY COUNTY WITHIN SUCH CITIES.
  AS  USED  IN  THIS  ARTICLE, "MOTOR VEHICLE THEFT INDICTMENT" MEANS AN
INDICTMENT CHARGING A CRIME THAT IS PROSECUTABLE IN  ANY  COUNTY  WHOLLY
CONTAINED  WITHIN  CITIES  HAVING  A  POPULATION  OF ONE MILLION OR MORE
INVOLVING MOTOR VEHICLE THEFT AS DEFINED IN SECTION 10.00 OF  THE  PENAL
LAW OR ANY OTHER OFFENSE PROPERLY JOINED THEREWITH.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UPON OR AFTER ARRAIGN-
MENT ON A MOTOR VEHICLE THEFT INDICTMENT FILED IN THE SUPREME  COURT  IN
ANY  COUNTY  WITHIN  SUCH CITIES AND BEFORE ENTRY OF A PLEA OF GUILTY OR
COMMENCEMENT OF TRIAL, SUCH SUPREME COURT MAY ORDER THAT THE  INDICTMENT
AND  ACTION  BE  ASSIGNED  TO  A SPECIAL MOTOR VEHICLE THEFT PART OF THE
SUPREME COURT.
  3. THE TRIAL OF AN INDICTMENT IN A SPECIAL MOTOR  VEHICLE  THEFT  PART
SHALL  FOR  ALL  PURPOSES BE DEEMED TO BE A TRIAL IN THE COUNTY IN WHICH
THE INDICTMENT WAS FILED, BUT THE ADMINISTRATIVE BOARD OF  THE  JUDICIAL
CONFERENCE  MAY PROMULGATE RULES, ORDERS OR REGULATIONS TO BE APPLICABLE
TO COURTS IN THE COUNTY WHERE THE INDICTMENT WAS FILED. THE  ADMINISTRA-
TIVE  BOARD SHALL PROVIDE BY RULE, ORDER, OR REGULATION FOR AT LEAST THE
FOLLOWING MATTERS: THE PROCEDURE OF THE PART;  ITS  AUXILIARY  SERVICES;
THE  ASSIGNMENT  OF  JUDICIAL  PERSONNEL;  THE APPOINTMENT OF TERMS; AND
TRANSMITTAL OF ALL PAPERS IN THE ACTION, INCLUDING ALL UNDERTAKINGS  FOR
APPEARANCES  OF  THE  DEFENDANT  AND  THE  WITNESSES, TO THE PART OF THE
SUPREME COURT TO WHICH THE ACTION HAS BEEN ASSIGNED.
  S 178-B. SPECIAL MOTOR VEHICLE THEFT  PARTS;  PROSECUTORIAL  ORGANIZA-
TION.  THE DISTRICT ATTORNEYS OF THE COUNTIES WHOLLY CONTAINED IN A CITY
HAVING A POPULATION OF ONE MILLION OR MORE SHALL FORMULATE AND  ADOPT  A
PLAN  DESIGNED  TO  EFFECT  THE PURPOSES OF THIS ARTICLE. THE PLAN SHALL
PROVIDE FOR THE FOLLOWING MATTERS:
  1. THE APPOINTMENT OF AN ASSISTANT DISTRICT ATTORNEY TO THE  STAFF  OF
ONE  OF  THE  DISTRICT  ATTORNEYS  TO ADMINISTER THE PROGRAM ESTABLISHED
PURSUANT TO THE PLAN;
  2. THE APPOINTMENT OF A STAFF  TO  OPERATE  UNDER  THE  DIRECTION  AND
SUPERVISION  OF  THE  ASSISTANT  DISTRICT ATTORNEY APPOINTED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION;
  3. THE ESTABLISHMENT OF STANDARDS, ADMINISTRATIVE POLICIES, AND PROCE-
DURES TO GOVERN  THE  PERFORMANCE  OF  THE  PROSECUTORIAL  FUNCTIONS  IN
CONNECTION  WITH MOTOR VEHICLE THEFT CASES, INCLUDING BUT NOT LIMITED TO
GUIDELINES GOVERNING APPLICATION BY  THE  ASSISTANT  DISTRICT  ATTORNEYS
APPOINTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION FOR THE IMPANELING
OF A GRAND JURY; AND
  4.  ANY  OTHER  MATTERS, PERTAINING TO THE EFFECTIVE ADMINISTRATION OF
THE PROGRAM AND FULFILLMENT OF THE PURPOSES OF THIS ARTICLE.
  S 178-C. SPECIAL MOTOR VEHICLE THEFT PARTS; PROCEDURE.   NOTWITHSTAND-
ING  ANY  OTHER  PROVISION  OF  LAW,  A  MOTOR  VEHICLE THEFT INDICTMENT
RETURNED IN ANY COUNTY WITHIN SUCH  CITIES  MAY  BE  PROSECUTED  IN  THE
SPECIAL  MOTOR  VEHICLE  THEFT  PART TO WHICH IT IS ASSIGNED PURSUANT TO
THIS ARTICLE, IRRESPECTIVE OF THE COUNTY IN WHICH THE PART IS  HELD  AND
IN  WHICH THE CRIME CHARGED WAS COMMITTED; ANY ASSISTANT DISTRICT ATTOR-
NEY APPOINTED PURSUANT TO THE PLAN AUTHORIZED BY THIS ARTICLE MAY PROSE-
CUTE ALL OFFENSES COGNIZABLE BY ANY SPECIAL  MOTOR  VEHICLE  THEFT  PART
IRRESPECTIVE  OF  THE  COUNTY IN WHICH THE PART IS HELD AND IN WHICH THE

A. 7419                             9

CRIME CHARGED WAS COMMITTED; AND UPON THE APPLICATION OF  THE  ASSISTANT
DISTRICT  ATTORNEY  IN  CHARGE  OF THE SPECIAL MOTOR VEHICLE THEFT PARTS
APPOINTED PURSUANT TO A PLAN AUTHORIZED BY THIS  ARTICLE,  ONE  OR  MORE
GRAND  JURIES  MAY  BE  DRAWN  AND IMPANELED FOR A SPECIAL MOTOR VEHICLE
THEFT PART UPON THE ORDER OF THE JUSTICE ASSIGNED TO  SUCH  PART,  WHICH
GRAND  JURY MAY EXERCISE ALL THE POWERS OF A GRAND JURY IN THE COUNTY IN
WHICH IT IS IMPANELED AND MAY  IN  ADDITION  EXERCISE  ITS  POWERS  WITH
RESPECT  TO  THE  ALLEGED  COMMISSION OF AN OFFENSE IN ANY COUNTY WHOLLY
CONTAINED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE INVOLVING
MOTOR VEHICLE THEFT AS DEFINED IN SECTION 10.00 OF THE PENAL LAW AND ANY
OTHER OFFENSE THAT COULD BE PROPERLY JOINED THEREWITH IN AN INDICTMENT.
  S 178-D. SPECIAL MOTOR VEHICLE THEFT PARTS; PROBATION SERVICES.    THE
STATE  DIRECTOR OF PROBATION AND CORRECTIONAL ALTERNATIVES IS AUTHORIZED
TO SUPPLEMENT THE PROBATION SERVICES AVAILABLE TO THE SUPREME  COURT  IN
SUCH  CITIES  BY  DIRECTING  THAT  PROBATION  SERVICES  FOR CASES IN THE
SPECIAL MOTOR VEHICLE THEFT PARTS BE PERFORMED BY THE STATE DIVISION  OF
PROBATION AND CORRECTIONAL ALTERNATIVES. SUCH SERVICES SHALL BE ADMINIS-
TERED  IN  ACCORDANCE  WITH THE PROVISIONS OF SUBDIVISION TWO OF SECTION
TWO HUNDRED FORTY-SEVEN OF THE EXECUTIVE LAW, EXCEPT THAT  THE  TWO-YEAR
LIMITATION CONTAINED THEREIN SHALL NOT APPLY.
  S  23. The penal law is amended by adding a new article 495 to read as
follows:
                                ARTICLE 495
             CRIMINAL FORFEITURE; FELONY MOTOR VEHICLE THEFT
SECTION 495.00 DEFINITIONS.
        495.05 MOTOR VEHICLE THEFT OFFENSES; FORFEITURE.
        495.10 PROCEDURE.
        495.15 DISPOSAL OF PROPERTY.
        495.20 ELECTION OF REMEDIES.
        495.25 PROVISIONAL REMEDIES.
        495.30 REBUTTABLE PRESUMPTION.
S 495.00 DEFINITIONS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
  1. "OFFENSE" MEANS MOTOR VEHICLE THEFT AS DEFINED IN SECTION 10.00  OF
THIS CHAPTER, OR AN ATTEMPT OR CONSPIRACY TO COMMIT ANY SUCH OFFENSE, OR
SOLICITATION OF ANY SUCH OFFENSE.
  2.  "PROPERTY"  MEANS REAL PROPERTY, PERSONAL PROPERTY, MONEY, NEGOTI-
ABLE INSTRUMENTS, SECURITIES, OR ANYTHING OF  VALUE  OR  INTEREST  IN  A
THING OF VALUE.
  3.  "PROCEEDS"  MEANS ANY PROPERTY OBTAINED BY A DEFENDANT THROUGH THE
COMMISSION OF AN OFFENSE, AND INCLUDES ANY APPRECIATION IN VALUE OF SUCH
PROPERTY.
  4. "SUBSTITUTED PROCEEDS" MEANS ANY PROPERTY OBTAINED BY THE DEFENDANT
BY THE SALE OR EXCHANGE OF PROCEEDS OF AN OFFENSE, AND ANY GAIN REALIZED
BY SUCH SALE OR EXCHANGE.
  5. "INSTRUMENTALITY OF AN OFFENSE" MEANS ANY PROPERTY, OTHER THAN REAL
PROPERTY AND ANY BUILDINGS, FIXTURES,  APPURTENANCES,  AND  IMPROVEMENTS
THEREON, WHOSE USE CONTRIBUTES DIRECTLY AND MATERIALLY TO THE COMMISSION
OF AN OFFENSE.
  6.  "REAL  PROPERTY  INSTRUMENTALITY  OF A CRIME" MEANS AN INTEREST IN
REAL PROPERTY THE USE OF WHICH CONTRIBUTES DIRECTLY  AND  MATERIALLY  TO
THE COMMISSION OF A SPECIFIED OFFENSE.
  7.  "SPECIFIED OFFENSE" MEANS A CONVICTION OF A PERSON FOR MOTOR VEHI-
CLE THEFT AS DEFINED BY SECTION 10.00 OF  THIS  CHAPTER,  OR  WHERE  THE
ACCUSATORY INSTRUMENT CHARGES ONE OR MORE SUCH OFFENSES, CONVICTION UPON
A  PLEA OF GUILTY TO ANY OF THE FELONIES FOR WHICH PLEA IS AUTHORIZED BY

A. 7419                            10

LAW OR A CONVICTION OF A PERSON FOR CONSPIRACY TO COMMIT AN  OFFENSE  AS
DEFINED  BY  SECTION 10.00 OF THIS CHAPTER, TOGETHER WITH EVIDENCE WHICH
PROVIDES SUBSTANTIAL INDICIA THAT THE DEFENDANT USED THE  REAL  PROPERTY
TO ENGAGE IN A CONTINUAL, ONGOING COURSE OF CONDUCT INVOLVING THE UNLAW-
FUL  PROCURING, PROCESSING (DISMANTLING), WAREHOUSING (STORING), SELLING
AND POSSESSION OF STOLEN MOTOR  VEHICLES  AND/OR  STOLEN  MOTOR  VEHICLE
PARTS.
S 495.05 MOTOR VEHICLE THEFT OFFENSES; FORFEITURE.
  1.  WHEN ANY PERSON IS CONVICTED OF AN OFFENSE, THE FOLLOWING PROPERTY
IS SUBJECT TO FORFEITURE PURSUANT TO THIS ARTICLE:
  (A) ANY PROPERTY CONSTITUTING  THE  PROCEEDS  AND/OR  THE  SUBSTITUTED
PROCEEDS  OF  SUCH OFFENSE, UNLESS THE FORFEITURE IS DISPROPORTIONATE TO
THE DEFENDANT'S GAIN FROM OR PARTICIPATION  IN  THE  OFFENSE,  IN  WHICH
EVENT THE TRIER OF FACT MAY DIRECT FORFEITURE OF A PORTION THEREOF; AND
  (B)  ANY  PROPERTY  CONSTITUTING  AN  INSTRUMENTALITY OF SUCH OFFENSE,
OTHER THAN REAL PROPERTY INSTRUMENTALITY OF A CRIME, UNLESS SUCH FORFEI-
TURE IS DISPROPORTIONATE TO THE DEFENDANT'S GAIN FROM  OR  PARTICIPATION
IN  THE  OFFENSE, IN WHICH EVENT THE TRIER OF FACT MAY DIRECT FORFEITURE
OF A PORTION THEREOF.
  2. WHEN ANY PERSON IS CONVICTED OF A SPECIFIED OFFENSE, THE REAL PROP-
ERTY INSTRUMENTALITY OF SUCH SPECIFIED OFFENSE IS SUBJECT TO  FORFEITURE
PURSUANT  TO THIS ARTICLE, UNLESS SUCH FORFEITURE IS DISPROPORTIONATE TO
THE DEFENDANT'S GAIN FROM OR PARTICIPATION  IN  THE  OFFENSE,  IN  WHICH
EVENT THE TRIER OF FACT MAY DIRECT FORFEITURE OF A PORTION THEREOF.
  3.  PROPERTY  ACQUIRED IN GOOD FAITH BY AN ATTORNEY AS PAYMENT FOR THE
REASONABLE AND BONA FIDE FEES OF  LEGAL  SERVICES  OR  REIMBURSEMENT  OF
REASONABLE  AND  BONA  FIDE  EXPENSES RELATED TO THE REPRESENTATION OF A
DEFENDANT IN CONNECTION WITH A CIVIL OR CRIMINAL  FORFEITURE  PROCEEDING
OR A RELATED CRIMINAL MATTER, SHALL BE EXEMPT FROM A JUDGMENT OF FORFEI-
TURE.  FOR  PURPOSES  OF  THIS  SUBDIVISION,  "BONA FIDE" MEANS THAT THE
ATTORNEY WHO ACQUIRED SUCH PROPERTY HAD NO REASONABLE BASIS  TO  BELIEVE
THAT  THE  FEE TRANSACTION WAS A FRAUDULENT OR SHAM TRANSACTION DESIGNED
TO SHIELD PROPERTY FROM FORFEITURE, HIDE ITS EXISTENCE FROM GOVERNMENTAL
INVESTIGATIVE AGENCIES, OR WAS CONDUCTED  FOR  ANY  PURPOSE  OTHER  THAN
LEGITIMATE.
S 495.10 PROCEDURE.
  1.  AFTER THE GRAND JURY VOTES TO FILE AN INDICTMENT CHARGING A PERSON
WITH AN OFFENSE AS THAT TERM IS DEFINED IN SECTION 495.00 OF THIS  ARTI-
CLE,  IT  MAY  SUBSEQUENTLY RECEIVE EVIDENCE THAT PROPERTY IS SUBJECT TO
FORFEITURE UNDER THIS ARTICLE. IF SUCH EVIDENCE  IS  LEGALLY  SUFFICIENT
AND  PROVIDES  REASONABLE CAUSE TO BELIEVE THAT SUCH PROPERTY IS SUBJECT
TO FORFEITURE UNDER THIS ARTICLE, THE GRAND  JURY  SHALL  FILE  TOGETHER
WITH  THE  INDICTMENT  A  SPECIAL  FORFEITURE INFORMATION SPECIFYING THE
PROPERTY FOR WHICH THE FORFEITURE IS SOUGHT AND CONTAINING A  PLAIN  AND
CONCISE FACTUAL STATEMENT WHICH SETS FORTH THE BASIS FOR THE FORFEITURE.
ALTERNATIVELY,  WHERE  THE  DEFENDANT  HAS  WAIVED  INDICTMENT  AND  HAS
CONSENTED TO BE PROSECUTED FOR AN OFFENSE BY SUPERIOR COURT  INFORMATION
PURSUANT  TO  ARTICLE  ONE HUNDRED NINETY-FIVE OF THE CRIMINAL PROCEDURE
LAW, THE PROSECUTOR MAY, IN ADDITION TO THE SUPERIOR COURT  INFORMATION,
FILE  A SPECIAL FORFEITURE INFORMATION SPECIFYING THE PROPERTY FOR WHICH
THE FORFEITURE IS SOUGHT AND CONTAINING  A  PLAIN  AND  CONCISE  FACTUAL
STATEMENT WHICH SETS FORTH THE BASIS OF THE FORFEITURE.
  2.  AT  ANY  TIME BEFORE ENTRY OF A PLEA OF GUILTY TO AN INDICTMENT OR
COMMENCEMENT OF A TRIAL THEREOF, THE PROSECUTOR MAY FILE  A  SUPERSEDING
SPECIAL  FORFEITURE INFORMATION IN THE SAME COURT IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION. UPON THE FILING OF SUCH A

A. 7419                            11

SUPERSEDING FORFEITURE INFORMATION THE COURT MUST, UPON  APPLICATION  OF
THE  DEFENDANT,  ORDER  ANY ADJOURNMENT OF THE PROCEEDINGS WHICH MAY, BY
REASON OF SUCH  SUPERSEDING  FORFEITURE  INFORMATION,  BE  NECESSARY  TO
ACCORD THE DEFENDANT ADEQUATE OPPORTUNITY TO PREPARE HIS OR HER DEFENSE.
  3.  A  MOTION  TO  INSPECT  AND REDUCE THE INDICTMENT MADE PURSUANT TO
SECTION 210.20 OF THE CRIMINAL PROCEDURE LAW MAY SEEK MODIFICATION OF  A
SPECIAL  FORFEITURE  INFORMATION  DISMISSING A CLAIM WITH RESPECT TO ANY
PROPERTY INTEREST THEREIN WHERE THE COURT FINDS THE EVIDENCE BEFORE  THE
GRAND  JURY  WAS  LEGALLY  INSUFFICIENT  TO SUPPORT A CLAIM AGAINST SUCH
INTEREST.
  4. THE PROSECUTOR SHALL PROMPTLY FILE A COPY OF THE SPECIAL FORFEITURE
INFORMATION, INCLUDING THE TERMS THEREOF  WITH  THE  STATE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES  AND  WITH  THE LOCAL AGENCY RESPONSIBLE FOR
CRIMINAL JUSTICE PLANNING. FAILURE TO FILE SUCH INFORMATION SHALL NOT BE
GROUNDS FOR ANY RELIEF UNDER THIS CHAPTER.
  5. IN ADDITION TO INFORMATION REQUIRED TO  BE  DISCLOSED  PURSUANT  TO
ARTICLE TWO HUNDRED FORTY OF THE CRIMINAL PROCEDURE LAW, WHEN FORFEITURE
IS  SOUGHT  PURSUANT  TO  THIS  ARTICLE,  AND  FOLLOWING THE DEFENDANT'S
ARRAIGNMENT ON THE SPECIAL FORFEITURE INFORMATION, THE COURT SHALL ORDER
DISCOVERY OF ANY INFORMATION NOT OTHERWISE DISCLOSED WHICH  IS  MATERIAL
AND  REASONABLY  NECESSARY FOR PREPARATION BY THE DEFENDANT WITH RESPECT
TO A FORFEITURE PROCEEDING BROUGHT PURSUANT TO THIS ARTICLE. SUCH  MATE-
RIAL  SHALL  INCLUDE  THOSE  PORTIONS OF THE GRAND JURY MINUTES AND SUCH
OTHER INFORMATION WHICH PERTAIN SOLELY TO THE SPECIAL FORFEITURE  INFOR-
MATION  AND SHALL NOT INCLUDE INFORMATION WHICH PERTAINS TO THE CRIMINAL
CHARGES. UPON APPLICATION OF THE  PROSECUTOR,  THE  COURT  MAY  ISSUE  A
PROTECTIVE  ORDER  PURSUANT  TO SECTION 240.40 OF THE CRIMINAL PROCEDURE
LAW WITH RESPECT TO ANY INFORMATION REQUIRED TO BE DISCLOSED PURSUANT TO
THIS SUBDIVISION.
  6. (A) TRIAL OF FORFEITURE  COUNTS  BY  THE  JURY  OR  BY  THE  COURT.
EVIDENCE  WHICH  RELATES  SOLELY TO THE ISSUE OF FORFEITURE SHALL NOT BE
PRESENTED DURING THE  TRIAL  ON  THE  UNDERLYING  OFFENSE  OR  SPECIFIED
OFFENSE,  AND  THE  DEFENDANT  SHALL  NOT  BE  REQUIRED  TO PRESENT SUCH
EVIDENCE PRIOR TO THE VERDICT ON SUCH OFFENSE. A DEFENDANT WHO DOES  NOT
PRESENT  EVIDENCE IN HIS DEFENSE WITH RESPECT TO THE TRIAL OF THE UNDER-
LYING OFFENSE IS  NOT  PRECLUDED  ON  ACCOUNT  THEREOF  FROM  PRESENTING
EVIDENCE DURING THE TRIAL OF THE FORFEITURE COUNT OR COUNTS.
  (B)  TRIAL OF FORFEITURE COUNTS BY THE JURY. AFTER RETURNING A VERDICT
OF GUILTY FOR THE OFFENSE OR SPECIFIED OFFENSE, OR WHERE  THE  DEFENDANT
HAS PLEAD GUILTY TO AN OFFENSE OR SPECIFIED OFFENSE AND HAS NOT WAIVED A
JURY  TRIAL  OF THE FORFEITURE COUNT OR COUNTS PURSUANT TO ARTICLE THREE
HUNDRED TWENTY OF THE CRIMINAL PROCEDURE LAW, THE JURY  SHALL  BE  GIVEN
THE  FORFEITURE INFORMATION AND SHALL HEAR ANY ADDITIONAL EVIDENCE WHICH
IS RELEVANT AND LEGALLY ADMISSIBLE UPON THE FORFEITURE COUNT OR  COUNTS.
AFTER  HEARING  SUCH  EVIDENCE,  THE JURY SHALL THEN DELIBERATE UPON THE
FORFEITURE COUNT OR COUNTS, AND BASED UPON ALL OF THE EVIDENCE  ADMITTED
IN  CONNECTION WITH THE INDICTMENT OR SUPERIOR COURT INFORMATION AND THE
FORFEITURE INFORMATION MAY, IF SATISFIED BY PROOF  BEYOND  A  REASONABLE
DOUBT  THAT THE PROPERTY, OR A PORTION THEREOF, IS SUBJECT TO FORFEITURE
PURSUANT TO THIS ARTICLE, RETURN A VERDICT DIRECTING THAT SUCH  PROPERTY
OR PORTION THEREOF, IS SUBJECT TO FORFEITURE.
  (C) TRIAL OF THE FORFEITURE COUNTS BY THE COURT. WHERE A DEFENDANT HAS
WAIVED  A JURY TRIAL OF THE FORFEITURE COUNT OR COUNTS PURSUANT TO ARTI-
CLE THREE HUNDRED TWENTY OF THE CRIMINAL PROCEDURE LAW, THE COURT  SHALL
HEAR  ALL EVIDENCE UPON THE FORFEITURE INFORMATION AND MAY, IF SATISFIED
BY PROOF BEYOND A REASONABLE DOUBT THAT THE PROPERTY, OR A PORTION THER-

A. 7419                            12

EOF, IS SUBJECT TO FORFEITURE  UNDER  THIS  ARTICLE,  RENDER  A  VERDICT
DETERMINING  THAT  SUCH  PROPERTY,  OR  A PORTION THEREOF, IS SUBJECT TO
FORFEITURE UNDER THIS ARTICLE.
  (D)  AFTER  THE  VERDICT OF FORFEITURE, THE COURT SHALL HEAR ARGUMENTS
AND MAY RECEIVE ADDITIONAL EVIDENCE UPON THE  MOTION  OF  THE  DEFENDANT
THAT THE VERDICT OF FORFEITURE (I) IS AGAINST THE WEIGHT OF EVIDENCE, OR
(II)  IS,  WITH  RESPECT  TO  A  FORFEITURE  PURSUANT  TO  THIS ARTICLE,
DISPROPORTIONATE TO THE  DEFENDANT'S  GAIN  FROM  THE  OFFENSE,  OR  THE
DEFENDANT'S  INTEREST  IN THE PROPERTY, OR THE DEFENDANT'S PARTICIPATION
IN THE CONDUCT UPON WHICH THE FORFEITURE IS BASED. UPON SUCH A  FINDING,
THE  COURT  MAY  IN  THE INTEREST OF JUSTICE SET ASIDE, MODIFY, LIMIT OR
OTHERWISE CONDITION THE VERDICT OF FORFEITURE.
  7. A FINAL JUDGMENT OR ORDER OF FORFEITURE  ISSUED  PURSUANT  TO  THIS
ARTICLE SHALL AUTHORIZE THE PROSECUTOR TO SEIZE ALL PROPERTY DIRECTED TO
BE  FORFEITED  UNDER  THIS ARTICLE UPON SUCH TERMS AND CONDITIONS AS THE
COURT DEEMS PROPER. IF A PROPERTY RIGHT IS NOT EXERCISABLE OR TRANSFERA-
BLE FOR VALUE BY A PROSECUTOR, IT SHALL EXPIRE AND SHALL NOT  REVERT  TO
THE CONVICTED PERSON.
  8.  WHERE  THE FORFEITED PROPERTY CONSISTS OF REAL PROPERTY, THE COURT
MAY AT ANY TIME PRIOR TO A VERDICT OF FORFEITURE, ENTER AN ORDER  PURSU-
ANT  TO  SUBDIVISION  FOUR-A  OF  SECTION THIRTEEN HUNDRED ELEVEN OF THE
CIVIL PRACTICE LAW AND RULES.
  9. NO PERSON SHALL FORFEIT ANY RIGHT, TITLE OR INTEREST IN ANY PROPER-
TY UNDER THIS ARTICLE WHO HAS NOT BEEN CONVICTED OF AN OFFENSE OR SPECI-
FIED OFFENSE, AS THE CASE MAY BE. ANY PERSON  CLAIMING  AN  INTEREST  IN
PROPERTY  SUBJECT  TO  FORFEITURE  MAY INSTITUTE A SPECIAL PROCEEDING TO
DETERMINE THAT CLAIM, BEFORE OR AFTER THE  TRIAL,  PURSUANT  TO  SECTION
THIRTEEN  HUNDRED  TWENTY-SEVEN  OF  THE  CIVIL  PRACTICE LAW AND RULES;
PROVIDED, HOWEVER, THAT IF SUCH SPECIAL PROCEEDING IS  INITIATED  BEFORE
TRIAL  ON THE FORFEITURE COUNT OR COUNTS, IT MAY, UPON WRITTEN MOTION OF
THE PROSECUTOR AND IN THE COURT'S DISCRETION, BE POSTPONED BY THE  COURT
UNTIL  COMPLETION  OF  THE  TRIAL.  IN  ADDITION, ANY PERSON CLAIMING AN
INTEREST IN PROPERTY SUBJECT TO FORFEITURE MAY PETITION FOR REMISSION AS
PROVIDED FOR IN SUBDIVISION SEVEN OF SECTION THIRTEEN HUNDRED ELEVEN  OF
THE CIVIL PRACTICE LAW AND RULES.
  10.  TESTIMONY  OF  THE DEFENDANT OR EVIDENCE DERIVED THEREFROM INTRO-
DUCED IN THE TRIAL OF THE FORFEITURE COUNT MAY NOT BE USED BY THE PROSE-
CUTION IN ANY POST-TRIAL MOTION PROCEEDINGS, APPEALS, OR RETRIALS RELAT-
ING TO THE DEFENDANT'S CRIMINAL LIABILITY FOR  THE  UNDERLYING  CRIMINAL
OFFENSE UNLESS THE DEFENDANT HAS PREVIOUSLY REFERRED TO SUCH EVIDENCE IN
SUCH  POST-TRIAL PROCEEDING, APPEAL, OR RETRIAL RELATING TO THE UNDERLY-
ING OFFENSE AND THE EVIDENCE IS PRESENTED BY THE PROSECUTOR IN  RESPONSE
THERETO.  UPON VACATUR OR REVERSAL ON APPEAL OF A JUDGMENT OF CONVICTION
UPON WHICH A VERDICT OF FORFEITURE IS BASED, ANY VERDICT  OF  FORFEITURE
WHICH IS BASED UPON SUCH CONVICTION SHALL ALSO BE VACATED OR REVERSED.
S 495.15 DISPOSAL OF PROPERTY.
  ALL  PROPERTY  WHICH  IS  FORFEITED  PURSUANT TO THIS ARTICLE SHALL BE
DISPOSED   OF   IN   ACCORDANCE   WITH   THE   PROVISIONS   OF   SECTION
NINETY-SEVEN-JJJJ  OF  THE STATE FINANCE LAW. ALL REPORTS REQUIRED TO BE
FILED PURSUANT TO ARTICLE THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES
BY A CLAIMING AUTHORITY SHALL BE FILED BY THE ATTORNEY GENERAL ON BEHALF
OF THE SUPERINTENDENT OF STATE POLICE IN  A  FORFEITURE  ACTION  BROUGHT
PURSUANT TO THIS ARTICLE.
S 495.20 ELECTION OF REMEDIES.
  THE  IMPOSITION  OF A JUDGMENT OR ORDER OF FORFEITURE PURSUANT TO THIS
ARTICLE WITH  RESPECT  TO  A  DEFENDANT'S  INTEREST  IN  PROPERTY  SHALL

A. 7419                            13

PRECLUDE  THE  IMPOSITION  OF  A  JUDGMENT  OR  ORDER OF FORFEITURE WITH
RESPECT TO SUCH INTEREST IN PROPERTY PURSUANT TO THE PROVISIONS  OF  ANY
OTHER STATE OR LOCAL LAW BASED UPON THE SAME CRIMINAL CONDUCT.
S 495.25 PROVISIONAL REMEDIES.
  1.  THE  PROVISIONAL  REMEDIES AUTHORIZED BY ARTICLE THIRTEEN-A OF THE
CIVIL PRACTICE LAW AND RULES SHALL BE AVAILABLE IN AN ACTION FOR  CRIMI-
NAL FORFEITURE PURSUANT TO THIS ARTICLE TO THE EXTENT AND UNDER THE SAME
TERMS,  CONDITIONS  AND LIMITATIONS AS PROVIDED IN ARTICLE THIRTEEN-A OF
SUCH LAW AND RULES, EXCEPT AS SPECIFICALLY PROVIDED HEREIN.
  2. UPON THE FILING OF AN INDICTMENT AND  SPECIAL  FORFEITURE  INFORMA-
TION,  OR  A  SUPERIOR COURT INFORMATION AND SPECIAL FORFEITURE INFORMA-
TION,  SEEKING  FORFEITURE  PURSUANT  TO  THIS  ARTICLE,   ALL   FURTHER
PROCEEDINGS  WITH  RESPECT TO PROVISIONAL REMEDIES SHALL BE HEARD BY THE
JUDGE OR JUSTICE IN THE CRIMINAL PART TO WHICH THE  CRIMINAL  ACTION  IS
ASSIGNED.
  3. FOR PURPOSES OF THIS SECTION, THE INDICTMENT AND SPECIAL FORFEITURE
INFORMATION  OR SUPERIOR COURT INFORMATION AND SPECIAL FORFEITURE INFOR-
MATION SEEKING CRIMINAL FORFEITURE SHALL  CONSTITUTE  THE  SUMMONS  WITH
NOTICE  OR  SUMMONS  AND VERIFIED COMPLAINT REFERRED TO IN ARTICLE THIR-
TEEN-A OF THE CIVIL PRACTICE LAW AND RULES.
S 495.30 REBUTTABLE PRESUMPTION.
  1. IN A CRIMINAL FORFEITURE  PROCEEDING  COMMENCED  PURSUANT  TO  THIS
ARTICLE,  THE FOLLOWING REBUTTABLE PRESUMPTION SHALL APPLY: ALL CURRENCY
OR NEGOTIABLE INSTRUMENTS PAYABLE TO THE BEARER SHALL BE PRESUMED TO  BE
THE  PROCEEDS  OF  A  FELONY  OFFENSE  WHEN  SUCH CURRENCY OR NEGOTIABLE
INSTRUMENTS ARE (A) FOUND IN CLOSE PROXIMITY TO A STOLEN  MOTOR  VEHICLE
OR  THE PARTS THEREOF OR (B) FOUND ON THE PREMISES OR IN CLOSE PROXIMITY
TO REAL PROPERTY WHICH IS USED TO ENGAGE IN A CONTINUAL, ONGOING  COURSE
OF  CONDUCT  INVOLVING  THE UNLAWFUL PROCURING, PROCESSING, DISMANTLING,
WAREHOUSING, STORING, AND SELLING OF STOLEN MOTOR VEHICLES AND/OR STOLEN
MOTOR VEHICLE PARTS UNDER CIRCUMSTANCES EVINCING AN INTENT TO UNLAWFULLY
POSSESS, PROCURE, PROCESS, OR SELL A STOLEN MOTOR VEHICLE OR  THE  PARTS
THEREOF.
  2.  THE  PRESUMPTION  ESTABLISHED BY THIS SECTION SHALL BE REBUTTED BY
CREDIBLE AND RELIABLE EVIDENCE WHICH TENDS TO SHOW THAT SUCH CURRENCY OR
NEGOTIABLE INSTRUMENTS PAYABLE TO THE BEARER IS NOT THE  PROCEEDS  OF  A
FELONY  OFFENSE.  IN AN ACTION TRIED BEFORE A JURY, THE JURY SHALL BE SO
INSTRUCTED. ANY SWORN TESTIMONY OF A  DEFENDANT  OFFERED  TO  REBUT  THE
PRESUMPTION AND ANY OTHER EVIDENCE WHICH IS OBTAINED AS A RESULT OF SUCH
TESTIMONY,  SHALL  BE INADMISSIBLE IN ANY SUBSEQUENT PROCEEDING RELATING
TO THE FORFEITURE ACTION, OR IN ANY  OTHER  CIVIL  OR  CRIMINAL  ACTION,
EXCEPT  IN  A  PROSECUTION FOR A VIOLATION OF ARTICLE TWO HUNDRED TEN OF
THIS CHAPTER. IN AN ACTION TRIED BEFORE A JURY, AT THE  COMMENCEMENT  OF
THE  TRIAL,  OR  AT SUCH OTHER TIME AS THE COURT REASONABLY DIRECTS, THE
PROSECUTOR SHALL PROVIDE NOTICE TO THE COURT AND TO THE DEFENDANT OF ITS
INTENT TO REQUEST THAT THE COURT CHARGE SUCH PRESUMPTION.
  S 24. Subdivision 4-b of section 1310 of the civil  practice  law  and
rules is amended by adding a new paragraph (d) to read as follows:
  (D)  A  CONVICTION  OF A PERSON FOR MOTOR VEHICLE THEFT, AS DEFINED IN
SECTION 10.00 OF THE PENAL  LAW,  OR  WHERE  THE  ACCUSATORY  INSTRUMENT
CHARGES  SUCH AN OFFENSE, CONVICTION UPON A PLEA OF GUILTY TO ANY OF THE
OFFENSES FOR WHICH SUCH PLEA  IS  OTHERWISE  AUTHORIZED  BY  LAW,  OR  A
CONVICTION  OF A PERSON FOR CONSPIRACY WHERE THE STOLEN VEHICLE OR PARTS
THEREOF ARE THE OBJECT OF THE CONSPIRACY AND ARE  LOCATED  IN  THE  REAL
PROPERTY  WHICH  IS  THE  SUBJECT OF THE FORFEITURE ACTION, OR WHERE THE
EVIDENCE INDICATES THAT THE DEFENDANT USED THE REAL PROPERTY  TO  ENGAGE

A. 7419                            14

IN A CONTINUAL, ONGOING COURSE OF CONDUCT INVOLVING THE UNLAWFUL PROCUR-
ING,   PROCESSING,   DISMANTLING,   WAREHOUSING,  STORING,  SELLING  AND
POSSESSION OF STOLEN MOTOR VEHICLES AND/OR STOLEN MOTOR VEHICLE PARTS.
  S  25.  The  executive law is amended by adding a new section 217-a to
read as follows:
  S 217-A. NEW YORK STATE POLICE INFORMATION NETWORK; ACCESS FOR CERTAIN
LICENSEES OF THE DEPARTMENT OF MOTOR VEHICLES. THE SUPERINTENDENT  SHALL
PROVIDE  LIMITED  ACCESS  TO THE COMMUNICATION SYSTEM FOR THE HOLDERS OF
LICENSES FROM THE DEPARTMENT OF MOTOR VEHICLES PURSUANT TO SECTION  FOUR
HUNDRED  FIFTEEN-A  OF  THE  VEHICLE  AND TRAFFIC LAW. SUCH ACCESS SHALL
ENABLE SAID LICENSEES TO CONDUCT  A  SEARCH  OF  VEHICLE  IDENTIFICATION
NUMBERS TO DETERMINE IF SAID VEHICLE OR PART HAS BEEN REPORTED STOLEN OR
ABANDONED. THE SUPERINTENDENT SHALL ENSURE THAT SAID LICENSEES ARE CAPA-
BLE  OF  PRINTING  A RECORD OF EACH SUCH SEARCH. NOTHING IN THIS SECTION
SHALL BE CONSTRUED AS TO ALLOW ANY LICENSEE ACCESS TO ANY OTHER INFORMA-
TION MAINTAINED BY SUCH SYSTEM.
  S 26. Section 27-0303 of the environmental conservation law is amended
by adding a new subdivision 13 to read as follows:
  13. "POTENTIALLY HAZARDOUS WASTES" MEANS ANY  MOTOR  VEHICLE  PART  OR
FLUID,  INCLUDING,  BUT NOT LIMITED TO ENGINE LUBRICATING OIL, FUEL OIL,
MOTOR OIL, GEAR OIL, TRANSMISSION  FLUID,  HYDRAULIC  FLUID,  DIELECTRIC
FLUID,  TIRES,  LEAD-ACID  OR  OTHER  AUTOMOTIVE BATTERY, FREON OR OTHER
AUTOMOTIVE AIR CONDITIONING REFRIGERANT, OR ENGINE  COOLANT  FLUID,  THE
STORAGE  OR DISPOSAL OF WHICH THE COMMISSIONER, IN CONSULTATION WITH THE
COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES, DETERMINES MAY POSE  A
THREAT TO HUMAN HEALTH OR THE ENVIRONMENT.
  S 27. Section 27-0303 of the environmental conservation law is amended
by adding a new subdivision 14 to read as follows:
  14.  "AUTOMOTIVE  WASTE HANDLER" MEANS ANY VEHICLE DISMANTLER, SALVAGE
POOL, MOBILE CAR CRUSHER, ITINERANT VEHICLE DISMANTLER, OR  OTHER  BUSI-
NESS  ENTERPRISE  LICENSED  IN  ACCORDANCE  WITH  SECTION  FOUR  HUNDRED
FIFTEEN-A OF THE VEHICLE AND TRAFFIC LAW.
  S 28. The environmental conservation law is amended by  adding  a  new
section 27-0309 to read as follows:
S 27-0309. STORAGE OF POTENTIALLY HAZARDOUS WASTES.
  1. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY
BE NECESSARY TO ENSURE THAT AUTOMOTIVE WASTE HANDLERS TAKE SUCH STEPS AS
MAY  BE  NECESSARY  TO  ENSURE THAT POTENTIALLY HAZARDOUS WASTES ARE NOT
RELEASED INTO THE ENVIRONMENT.
  2. EVERY AUTOMOTIVE WASTE HANDLER SHALL KEEP  A  RECORD,  PURSUANT  TO
SECTION  FOUR  HUNDRED  FIFTEEN-A OF THE VEHICLE AND TRAFFIC LAW, OF THE
STORAGE AND DISPOSAL OF ANY POTENTIALLY HAZARDOUS WASTES.
  3. THE POSSESSION OF ANY MOTOR VEHICLE, OR IDENTIFIABLE PART  THEREOF,
BY  AN  AUTOMOTIVE  WASTE  HANDLER SHALL CREATE A REBUTTABLE PRESUMPTION
THAT SAID HANDLER POSSESSED THE ENTIRE VEHICLE, INCLUDING ANY POTENTIAL-
LY HAZARDOUS WASTES. SUCH PRESUMPTION SHALL INCLUDE  RESPONSIBILITY  FOR
THE ABANDONMENT OF THE VEHICLE OR PARTS THEREOF, OR THE ILLEGAL DISPOSAL
OF SAID VEHICLES OR PARTS. SUCH PRESUMPTION MAY BE REBUTTED BY A CERTIF-
ICATION, ON A FORM DESIGNATED BY THE COMMISSIONER, SIGNED BY THE AUTOMO-
TIVE  WASTE  HANDLER  AND  THE SELLER OF THE MOTOR VEHICLE PART THAT THE
HANDLER PURCHASED ONLY THAT PART. SUCH CERTIFICATION  SHALL  INCLUDE  AN
ACKNOWLEDGEMENT  THAT  SIGNING  A  FALSE CERTIFICATION SHALL SUBJECT THE
INDIVIDUAL TO THE SAME PENALTIES AS IF HE OR SHE HAD BEEN DULY SWORN.
  4. THE REQUIREMENTS OF THIS SECTION  SHALL  NOT  BE  CONSTRUED  AS  TO
RELIEVE  ANY  AUTOMOTIVE  WASTE HANDLER OF RESPONSIBILITY FOR COMPLIANCE
WITH ANY OTHER STATUTE, COURT DECISION, OR REGULATION.

A. 7419                            15

  5. THE OFFICERS OF THE DIVISION OF LAW ENFORCEMENT OF THE  DEPARTMENT,
INVESTIGATORS OF THE DEPARTMENT OF MOTOR VEHICLES, SWORN OFFICERS OF THE
WATER  SUPPLY  POLICE EMPLOYED BY THE CITY OF NEW YORK, AND OFFICERS AND
MEMBERS OF THE SANITATION POLICE OF THE DEPARTMENT OF SANITATION OF  THE
CITY  OF  NEW  YORK DULY APPOINTED AS PEACE OFFICERS BY SUCH DEPARTMENT,
ARE AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 29. The public authorities law is amended by adding  a  new  section
553-j to read as follows:
  S  553-J.  MOTOR  VEHICLE  THEFT  PREVENTION. 1. ALL BRIDGE AND TUNNEL
OFFICERS, SERGEANTS, AND LIEUTENANTS OF THE AUTHORITY ON  OR  AFTER  THE
EFFECTIVE DATE OF THIS SECTION SHALL PARTICIPATE IN A TRAINING COURSE ON
MOTOR VEHICLE THEFT PREVENTION AND INVESTIGATION.
  2.  THE AUTHORITY SHALL PROMULGATE REGULATIONS FOR THE ENFORCEMENT AND
IMPLEMENTATION OF MOTOR VEHICLE THEFT PREVENTION PROGRAMS; INCLUDING BUT
NOT LIMITED TO THE MOTOR VEHICLE THEFT  PREVENTION  PROGRAM  ESTABLISHED
PURSUANT  TO SECTION TWO HUNDRED TWENTY-THREE OF THE VEHICLE AND TRAFFIC
LAW, THE ROUTINE  CHECK  OF  REGISTRATIONS  AUTHORIZED  BY  SECTION  TWO
HUNDRED  TWENTY-THREE-A OF THE VEHICLE AND TRAFFIC LAW, AND THE EXAMINA-
TION OF TOW TRUCKS AUTHORIZED  BY  SUBDIVISION  THREE  OF  SECTION  FOUR
HUNDRED  TWENTY-FOUR  OF  THE VEHICLE AND TRAFFIC LAW; BY ITS BRIDGE AND
TUNNEL OFFICERS, SERGEANTS, AND LIEUTENANTS.
  3. ON OR BEFORE THE FIRST OF JUNE OF EACH YEAR,  THE  AUTHORITY  SHALL
REPORT  TO  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY ON THE EFFECTIVENESS OF THE  IMPLEMENTATION  OF  MOTOR  VEHICLE
THEFT PREVENTION PROGRAMS BY ITS PERSONNEL AND ON ITS FACILITIES.
  S  30.  This  act  shall  take  effect  on  the first of November next
succeeding the date on which it shall have become a law;  provided  that
subdivision  10 of section 855 of the correction law as added by section
thirteen of this act shall survive the expiration of  any  other  amend-
ments  to such section 855, and provided further, however that any rules
or regulations necessary to carry out the provisions of this  act  shall
be  promulgated  before  such  date; and provided further, however, that
section fourteen of this act shall take effect on  the  same  date  that
section 91 of the state finance law shall be revived pursuant to section
13 of part U1 of chapter 62 of the laws of 2003, as amended.