S T A T E O F N E W Y O R K
________________________________________________________________________
3935
2017-2018 Regular Sessions
I N A S S E M B L Y
January 30, 2017
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the impound-
ment of vehicles operated by intoxicated and or impaired persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1194 of the vehicle and traffic law is amended by
adding a new subdivision 5 to read as follows:
5. IMPOUNDMENT OF VEHICLE OPERATED BY ARRESTEE; CONDITIONS OF RELEASE;
FEE FOR TOWING STORAGE. (A) WHENEVER A PERSON HAS BEEN ARRESTED FOR A
VIOLATION OF SUBDIVISION ONE, TWO, TWO-A, THREE, FOUR OR FOUR-A OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, THE LAW ENFORCEMENT
AGENCY SHALL IMPOUND THE VEHICLE THAT THE ARRESTEE WAS OPERATING AT THE
TIME OF THE ARREST.
(B) A VEHICLE IMPOUNDMENT PURSUANT TO THIS SUBDIVISION SHALL BE
IMPOUNDED UNTIL THE FOLLOWING CONDITIONS FOR THE RELEASE OF SUCH VEHICLE
ARE MET:
(1) WITH RESPECT TO THE RELEASE OF THE VEHICLE TO THE ARRESTEE, FOR A
PERIOD OF NOT LESS THAN TWELVE HOURS FROM THE TIME OF THE ARREST;
(2) WITH RESPECT TO THE RELEASE OF THE VEHICLE TO A PERSON OTHER THAN
THE ARRESTEE, WHERE SUCH VEHICLE IS OWNED OR LEASED BY:
(A) THAT PERSON AND THAT PERSON MEETS THE CONDITIONS SET FORTH IN
SUBPARAGRAPH THREE OF THIS PARAGRAPH; OR
(B) THE ARRESTEE, AND THE ARRESTEE IS AT LEAST EIGHTEEN YEARS OLD OR
EMANCIPATED, AND THE ARRESTEE GIVES WRITTEN PERMISSION IN A FORM AND
MANNER ESTABLISHED BY THE COMMISSIONER, TO ANOTHER PERSON TO OPERATE
SUCH VEHICLE, AND SUCH PERSON MEETS THE CONDITIONS FOR RELEASE AS SET
FORTH IN SUBPARAGRAPH THREE OF THIS PARAGRAPH; OR
(C) THE ARRESTEE, AND THE ARRESTEE IS UNDER THE AGE OF EIGHTEEN AND
UNEMANCIPATED, THE VEHICLE MAY BE RELEASED TO THE PARENT OR LEGAL GUARD-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08663-01-7
A. 3935 2
IAN OF THE ARRESTEE AND SUCH PERSON MEETS THE CONDITIONS FOR RELEASE SET
FORTH IN SUBPARAGRAPH THREE OF THIS PARAGRAPH.
(3) A VEHICLE IMPOUNDED PURSUANT TO THIS SUBDIVISION SHALL NOT BE
RELEASED UNLESS THE PERSON CLAIMING THE VEHICLE:
(A) PRESENTS A VALID OPERATOR'S LICENSE, PROOF OF OWNERSHIP OR LAWFUL
AUTHORITY TO OPERATE THE MOTOR VEHICLE, AND PROOF OF VALID MOTOR VEHICLE
INSURANCE FOR SUCH VEHICLE;
(B) WOULD NOT BE IN VIOLATION OF SUBDIVISION ONE, TWO, TWO-A, THREE,
FOUR, FOUR-A, FIVE OR SIX OF SECTION ELEVEN HUNDRED NINETY-TWO OR
SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS ARTICLE IN CONNECTION WITH
THE OPERATION OF SUCH VEHICLE AND IS OTHERWISE ABLE TO OPERATE THE VEHI-
CLE IN A SAFE MANNER; AND
(C) MEETS ANY OTHER REASONABLE CONDITIONS FOR THE RELEASE ESTABLISHED
BY THE ARRESTING LAW ENFORCEMENT AGENCY.
(C) A LAW ENFORCEMENT AGENCY THAT IMPOUNDS A VEHICLE PURSUANT TO THIS
SUBDIVISION, OR ANY DULY AUTHORIZED AGENT ACTING ON BEHALF OR UPON THE
REQUEST OF SUCH LAW ENFORCEMENT AGENCY, IS AUTHORIZED TO CHARGE A
REASONABLE FEE FOR TOWING AND STORAGE OF THE VEHICLE. THE LAW ENFORCE-
MENT AGENCY OR ITS DULY AUTHORIZED AGENT, IS FURTHER AUTHORIZED TO
RETAIN CUSTODY OF THE VEHICLE UNTIL SUCH FEE IS PAID.
(D) NOTHING CONTAINED IN THIS SUBDIVISION SHALL PREVENT OR SUPERSEDE A
COURT OF COMPETENT JURISDICTION FROM EXERCISING ITS AUTHORITY IN
CONNECTION WITH THE RELEASE OF A VEHICLE IMPOUNDED PURSUANT TO THIS
SUBDIVISION.
(E) NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO PREVENT A LAW
ENFORCEMENT AGENCY FROM EXERCISING ITS DISCRETION PURSUANT TO SECTION
140.20 OF THE CRIMINAL PROCEDURE LAW WITH RESPECT TO THE RELEASE OF
PERSONS WHO MAY REPRESENT A DANGER TO THEMSELVES OR OTHERS.
§ 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.