Senate Bill S364

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

                                   364

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to the inclusion
  of certain information on an appearance ticket; and to amend the vehi-
  cle and traffic law, in relation to suspensions  for  failure  to  pay
  driver responsibility assessments

  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  "traffic
violations fair notice act".
  S 2. Section 150.10 of the criminal procedure law is amended by adding
a new subdivision 3 to read as follows:
  3.    WHENEVER  AN APPEARANCE TICKET, AS DEFINED IN SUBDIVISION ONE OF
THIS SECTION, IS ISSUED IN ACCORDANCE WITH  THE  PROVISIONS  OF  SECTION
150.20  OF  THIS  ARTICLE TO A PERSON ALLEGING AN OFFENSE OF THE VEHICLE
AND TRAFFIC LAW,  SUCH  APPEARANCE  TICKET  SHALL  CONTAIN  LANGUAGE  IN
ACCORDANCE  WITH  SUBDIVISION  TWO  OF  THIS  SECTION, AND SHALL CONTAIN
LANGUAGE NOTIFYING THE DEFENDANT OF:
  (A) THE MAXIMUM FINE SCHEDULE  ESTABLISHED  BY  SECTION  ONE  THOUSAND
EIGHT HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW;
  (B)  HOW  THE NUMBER OF POINTS ON YOUR LICENSE AFFECTS YOUR ABILITY TO
MAINTAIN A DRIVER'S LICENSE, AS SET FORTH IN 15 NYCRR S 131.4;
  (C) THE DRIVER RESPONSIBILITY  ASSESSMENT  PROGRAM  ESTABLISHED  UNDER
SECTION  FIVE  HUNDRED  THREE OF THE VEHICLE AND TRAFFIC LAW, TO WHOM IT
APPLIES, AND THE FINE SCHEDULE THAT ACCOMPANIES IT; AND
  (D) THE MAXIMUM SURCHARGES THAT MAY BE APPLIED AGAINST A DRIVER IF  HE
OR SHE PLEADS GUILTY TO THE ALLEGED INFRACTION.
  S 3. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 4-f to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02428-01-3
              

S. 364                              2

  4-F.  SUSPENSION  FOR FAILURE TO PAY DRIVER RESPONSIBILITY ASSESSMENT.
BEFORE THE DEPARTMENT MAY SUSPEND THE DRIVER'S LICENSE OR PRIVILEGES  OF
ANY PERSON WHO FAILS TO PAY THE DRIVER RESPONSIBILITY ASSESSMENT IMPOSED
UPON HIM OR HER BY THE DEPARTMENT PURSUANT TO SECTION FIVE HUNDRED THREE
OF THIS ARTICLE, THE DEPARTMENT MUST HAVE SENT SUCH PERSON NOTICES STAT-
ING  THAT  HE  OR  SHE  HAS  FAILED TO PAY THE REQUIRED ASSESSMENT. SUCH
NOTICES MUST BE SENT TO THE LAST KNOWN ADDRESS OF THE INDIVIDUAL ON  TWO
SEPARATE  OCCASIONS, EACH OCCASION OCCURRING AT LEAST THIRTY DAYS APART.
IF THE ASSESSMENT REMAINS UNPAID THIRTY DAYS AFTER THE SECOND AND  FINAL
NOTICE  HAS BEEN SENT, THE DEPARTMENT MAY SUSPEND THE DRIVING PRIVILEGES
OF SUCH PERSON. SUCH SUSPENSION SHALL TAKE EFFECT IMMEDIATELY.
  S 4. The commissioner of motor vehicles shall implement  any  rule  or
regulation  necessary  to  implement  the  provisions of this act on its
effective date. This shall include determining the language  that  shall
appear  on the ticket in accordance with the provisions of subdivision 3
of section 150.10 of the criminal procedure law.
  S 5. This act shall take effect immediately; except that  section  two
of  this act shall take effect on the one hundred eightieth day after it
shall have become a law.