Assembly Bill A496

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

                                   496

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of A. GANTT, MAYER -- Multi-Sponsored by -- M. of A.
  JAFFEE, WEINSTEIN -- read once and referred to the Committee on Trans-
  portation

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 (xviii) to read as
follows:
  (XVIII) 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 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 WITH-
IN THE PREVIOUS EIGHTEEN MONTHS OF ANY SUCH PROVISION, ORDINANCE, ORDER,

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

                                                           LBD02841-01-5

A. 496                              2

RULE  OR REGULATION OR ANY COMBINATION THEREOF NOT 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 ADDI-
TION  TO  ANY  OTHER PENALTY AUTHORIZED BY LAW, ISSUE AN ORDER REQUIRING
SUCH PERSON TO SUBMIT TO A REEXAMINATION BY THE COMMISSIONER 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.