senate Bill S396

2013-2014 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 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

S396 - Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §423-a, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1338
2009-2010: S1298

S396 - 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.

S396 - Sponsor Memo

S396 - Bill Text download pdf

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

                                   396

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- 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.

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