S T A T E O F N E W Y O R K
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116
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
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Introduced by M. of A. GANTT -- Multi-Sponsored by -- M. of A. GABRYS-
ZAK, SWEENEY -- read once and referred to the Committee on Transporta-
tion
AN ACT to amend the vehicle and traffic law, in relation to authorizing
the commissioner of motor vehicles to suspend a person's driver's
license subject to an outstanding warrant of arrest, bench warrant or
superior court warrant of arrest
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 510-d to read as follows:
S 510-D. SUSPENSION OF LICENSES SUBJECT TO AN OUTSTANDING WARRANT OF
ARREST. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER
OR THE COMMISSIONER'S AGENT SHALL HAVE THE POWER TO REVOKE THE LICENSE
TO DRIVE A MOTOR VEHICLE OR MOTORCYCLE OF ANY PERSON AGAINST WHOM A
WARRANT OF ARREST, BENCH WARRANT OR SUPERIOR COURT WARRANT OF ARREST IS
OUTSTANDING.
2. THE COMMISSIONER IS DIRECTED TO DEVELOP AND ESTABLISH A PROGRAM AND
PROCEDURE WHICH WILL ALLOW THE IMMEDIATE DENIAL OF A LICENSE BECAUSE A
PERSON HAS AN OUTSTANDING WARRANT OF ARREST, BENCH WARRANT OR SUPERIOR
COURT WARRANT OF ARREST. SUCH A PROGRAM SHALL BE DESIGNED IN SUCH A
MANNER THAT UPON FILING AN APPLICATION FOR A LICENSE, THE LICENSE WILL
BE DENIED TO SUCH PERSON OR WHERE A LICENSE HAS BEEN GRANTED, THE RIGHT
THERETO SHALL BE SUSPENDED UPON NOTICE THAT SUCH AN OUTSTANDING WARRANT
IN FACT EXISTS. AS PART OF SUCH PROGRAM THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL EXPLORE THE FEASIBILITY OF PROVIDING GENERAL COMPUTER
ACCESS TO ALL OUTSTANDING WARRANTS OF ARREST.
3. A PERSON SHALL RECEIVE NOTICE THAT THE LICENSE SHALL BE SUSPENDED
IN NINETY DAYS DUE TO AN OUTSTANDING WARRANT UNLESS SUCH PERSON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04268-01-3
A. 116 2
FURNISHES PROOF TO THE COMMISSIONER THAT SUCH WARRANT HAS BEEN RECALLED
OR FAILS TO EXIST.
4. A LICENSE MAY BE RESTORED BY DIRECTION OF THE COMMISSIONER UPON
SUCH PERSON FURNISHING SUFFICIENT PROOF THAT THE WARRANT HAS BEEN
RECALLED.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized to be made on or before such effective date.