senate Bill S1338

2011-2012 Legislative Session

Provides that ownership of unidentifiable part in identifiable motorcycle, other than stolen motorcycle shall be returned to owner after investigation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to transportation
Jan 06, 2011 referred to transportation

Co-Sponsors

S1338 - Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §423-a, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S1298

S1338 - Summary

Provides that ownership of unidentifiable part in identifiable motorcycle, other than a stolen motorcycle shall be returned to such owner, provided that department has made findings such owner had no knowledge part was unidentifiable and that owner wasn't responsible nor acted in concert to render such part unidentifiable; provides that a department investigation shall take place within thirty days after seizure of motorcycle; and requires commissioner to establish criteria to determine whether motorcycle shall be confiscated, seized or impounded and also to establish a system to ensure return of motorcycles to owners in undamaged condition.

S1338 - Sponsor Memo

S1338 - Bill Text download pdf

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

                                  1338

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens.  DILAN,  DIAZ,  HASSELL-THOMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Transportation

AN ACT to amend the vehicle and traffic law, in relation to the transfer
  of motorcycles having parts with unidentifiable identification numbers

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

  Section 1. Subdivision 2 of section 423-a of the vehicle  and  traffic
law,  as added by chapter 976 of the laws of 1981, is amended to read as
follows:
  2. Assignment of a new identification number AND RETURN OF MOTOR VEHI-
CLE, TRAILER OR PART TO OWNER.   If  a  person  other  than  the  person
arrested  be  the  owner,  the  motor  vehicle, trailer or part shall be
returned to him OR HER as soon as he OR SHE has  arranged  to  have  the
department  of  motor  vehicles  affix a new number, or in the case of a
part, inspect such part, and the department has done so, as provided  in
section four hundred twenty-two of this [chapter] ARTICLE.  Prior to the
return of the motor vehicle, trailer or part, or the transfer of custody
of  said  motor  vehicle,  trailer  or part, the arresting officer shall
transmit notice of the arrest to the commissioner.
  S 2. Subdivision 3 of section 423-a of the vehicle and traffic law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, OWNERSHIP OF
AN UNIDENTIFIABLE PART IN AN OTHERWISE  IDENTIFIABLE  MOTORCYCLE,  OTHER
THAN  A STOLEN MOTORCYCLE, HELD BY THE DEPARTMENT OR BY A POLICE DEPART-
MENT SHALL BE TRANSFERRED TO THE OWNER OF SUCH MOTORCYCLE  UPON  HIS  OR
HER  REQUEST, PROVIDED THAT THE DEPARTMENT OR POLICE DEPARTMENT MAKES AN
INVESTIGATION AND, IF APPROPRIATE, HOLDS A HEARING AND FINDS  THAT  SUCH
OWNER  HAD  NO  KNOWLEDGE THAT THE PART WAS UNIDENTIFIABLE AND THAT SUCH
OWNER WAS NEITHER RESPONSIBLE FOR RENDERING SUCH PART UNIDENTIFIABLE NOR
ACTING IN CONCERT WITH ANY PERSON WHO RENDERED OR HAD SUCH PART RENDERED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02676-01-1

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