Senate Bill S363

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

                                   363

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- 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  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

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

                                                           LBD02379-01-1

S. 363                              2

ARISING FROM THE SAME INCIDENT OR (B) THE COURT HAS  REASONABLE  GROUNDS
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.