S T A T E   O F   N E W   Y O R K
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                                   1264
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  allowing
   installment  payments  upon conviction of aggravated unlicensed opera-
   tion of a motor vehicle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  511 of the vehicle and traffic law is amended by
 adding a new subdivision 8 to read as follows:
   8. SUSPENSION WAIVED UPON PAYMENT OF JUDGMENT IN  INSTALLMENTS.    (A)
 THE  COMMISSIONER SHALL NOT SUSPEND A LICENSE OR REGISTRATION OF A MOTOR
 VEHICLE UNDER THIS SECTION, AND SHALL RESTORE ANY LICENSE  OR  REGISTRA-
 TION  SUSPENDED  FOLLOWING  NON-PAYMENT OF A JUDGMENT, WHEN THE JUDGMENT
 DEBTOR GIVES PROOF OF HIS FINANCIAL  RESPONSIBILITY  IN  THE  FUTURE  AS
 HEREINAFTER PROVIDED, AND WHEN THE JUDGMENT DEBTOR OBTAINS AN ORDER FROM
 THE COURT IN WHICH SUCH JUDGMENT WAS RENDERED, PERMITTING THE PAYMENT OF
 SUCH  JUDGMENT  IN  INSTALLMENTS,  AND  WHILE  THE  PAYMENT  OF ANY SAID
 INSTALLMENT IS NOT IN DEFAULT.
   (B) A JUDGMENT DEBTOR UPON FIVE DAYS' NOTICE TO THE JUDGMENT  CREDITOR
 MAY APPLY TO THE COURT IN WHICH SUCH JUDGMENT WAS OBTAINED FOR THE PRIV-
 ILEGE  OF  PAYING  SUCH  JUDGMENT  IN INSTALLMENTS AND THE COURT, IN ITS
 DISCRETION AND WITHOUT PREJUDICE TO ANY OTHER LEGAL REMEDIES  WHICH  THE
 JUDGMENT  CREDITOR  MAY HAVE, MAY SO ORDER, FIXING THE AMOUNTS AND TIMES
 OF PAYMENT OF THE INSTALLMENTS.
   (C) IN THE EVENT THE JUDGMENT DEBTOR FAILS TO PAY ANY  INSTALLMENT  AS
 PERMITTED  BY  THE  ORDER OF THE COURT, THEN UPON NOTICE OF SUCH DEFAULT
 THE COMMISSIONER SHALL FORTHWITH SUSPEND THE  LICENSE  AND  REGISTRATION
 CERTIFICATES  AND  REGISTRATION PLATES OF THE JUDGMENT DEBTOR UNTIL SUCH
 JUDGMENT IS SATISFIED AS PROVIDED IN THIS ARTICLE.
   (D) PROVIDED, HOWEVER, IF THE JUDGMENT CREDITOR CONSENTS  IN  WRITING,
 IN SUCH FORM AS THE COMMISSIONER MAY PRESCRIBE, THAT THE JUDGMENT DEBTOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02037-01-7

 A. 1264                             2
 
 BE  ALLOWED  LICENSE  AND  REGISTRATION  THE  SAME MAY BE ALLOWED BY THE
 COMMISSIONER, IN HIS DISCRETION, NOTWITHSTANDING DEFAULT IN THE  PAYMENT
 OF SUCH JUDGMENT OR OF ANY INSTALLMENTS THEREOF, FOR SIX MONTHS FROM THE
 DATE  OF  SUCH  CONSENT  AND THEREAFTER UNTIL SUCH CONSENT IS REVOKED IN
 WRITING, IF THE JUDGMENT DEBTOR FURNISHES PROOF OF HIS FINANCIAL RESPON-
 SIBILITY IN THE FUTURE AS HEREINAFTER PROVIDED.
   § 2. This act shall take effect immediately.