S T A T E   O F   N E W   Y O R K
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                                   6374
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2017
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic  law,  in  relation  to  veteran
   suspended licenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 3 of section 503 of  the  vehicle  and  traffic
 law,  as  amended by chapter 548 of the laws of 1986, is amended to read
 as follows:
   3. Waiver of fee. (A) The commissioner may waive the payment  of  fees
 required by subdivision two of this section if the applicant:
   (i)  is  an inmate in an institution under the jurisdiction of a state
 department or agency, or
   (ii) is a victim of crime and the driver's license or learner's permit
 applied for is a replacement for one that was lost  or  destroyed  as  a
 result of the crime.
   (B) A MILITARY SERVICE MEMBER, INCLUDING A MEMBER OF THE UNITED STATES
 ARMY,  NAVY,  AIR  FORCE, MARINES OR COAST GUARD, OR A MEMBER OF THE NEW
 YORK ARMY NATIONAL GUARD, AIR NATIONAL GUARD,  NAVAL  MILITIA  OR  STATE
 GUARD,  WHOSE LICENSE OR REGISTRATION IS SUSPENDED OR REVOKED DURING THE
 PENDENCY OF ACTIVE DUTY MILITARY SERVICE OUTSIDE THE STATE, SHALL,  UPON
 THE  SUBMISSION  OF PROOF OF SUCH ACTIVE SERVICE TO THE COMMISSIONER, BE
 LIFTED AND VACATED UPON ORDER OF THE COMMISSIONER,  WITHOUT  COST,  FEE,
 FINE,  OR  PENALTY.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION,
 THE COMMISSIONER MAY IMPOSE A NEW SUSPENSION OF  SUCH  SERVICE  MEMBER'S
 DRIVER'S  LICENSE OR REGISTRATION, AFTER SIXTY DAYS OF THE RETURN OF THE
 SERVICE MEMBER FROM SUCH ACTIVE MILITARY SERVICE, OR AFTER SIXTY DAYS OF
 THE LIFTING OR VACATING OF THE SUSPENSION OR  REVOCATION,  WHICHEVER  IS
 LATER,  IF  THE  REASON  UPON  WHICH  THE  LICENSE  OR  REGISTRATION WAS
 ORIGINALLY SUSPENDED, HAS NOT BEEN RESOLVED. PRIOR TO  THE  ISSUANCE  OF
 THE  NEW  SUSPENSION  OR  REVOCATION,  THE COMMISSIONER SHALL NOTIFY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00542-01-7

 A. 6374                             2
 
 SERVICE MEMBER NOT LESS THAN THIRTY DAYS BEFORE SUCH NEW  SUSPENSION  OR
 REVOCATION  WOULD  TAKE EFFECT. NO SUSPENSION OR REVOCATION OF A LICENSE
 OF A SERVICE MEMBER SHALL BE LIFTED OR VACATED IN ACCORDANCE  WITH  THIS
 SUBDIVISION, IF SUCH SUSPENSION OR REVOCATION WAS IMPOSED AS A RESULT OF
 A  COURT  ORDER  ISSUED PRIOR TO THE DATE OF THE SERVICE MEMBER'S ACTIVE
 DUTY, IN A PROCEEDING IN WHICH THE SERVICE MEMBER PERSONALLY APPEARED.
   (C) ANY ACTION OR PROCEEDING RESULTING IN THE CONVICTION  IN  ABSENTIA
 OF  A  MILITARY  SERVICE MEMBER, INCLUDING A MEMBER OF THE UNITED STATES
 ARMY, NAVY, AIR FORCE, MARINES OR COAST GUARD, OR A MEMBER  OF  THE  NEW
 YORK  ARMY  NATIONAL  GUARD,  AIR NATIONAL GUARD, NAVAL MILITIA OR STATE
 GUARD, FOR A VIOLATION OF  THE  VEHICLE  AND  TRAFFIC  LAW  INCLUDING  A
 VIOLATION  OBSERVED BY A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITOR-
 ING DEVICE OR A PHOTO SPEED  VIOLATION  MONITORING  SYSTEM,  DURING  THE
 PENDENCY  OF ACTIVE DUTY MILITARY SERVICE OUTSIDE THE STATE, SHALL, UPON
 THE SUBMISSION OF PROOF OF SUCH  ACTIVE  SERVICE  TO  THE  COMMISSIONER,
 CAUSE  THE COMMISSIONER TO NOTIFY THE COURT WHERE THE SERVICE MEMBER WAS
 CONVICTED, OF THE ACTIVE DUTY SERVICE OF THE SERVICE  MEMBER,  WHEREUPON
 SUCH COURT SHALL IMMEDIATELY REVERSE AND VACATE SUCH CONVICTION, WITHOUT
 COST,  FEE,  FINE,  OR  PENALTY,  AND  NOTIFY THE SERVICE MEMBER OF SUCH
 ACTION.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION,  THE  COURT
 MAY  ACCEPT A REFILING OF THE CHARGES UPON WHICH SUCH SERVICE MEMBER WAS
 ORIGINALLY CONVICTED, WITHOUT PREJUDICE,  BY  A  PROSECUTING  AUTHORITY,
 AFTER  SIXTY  DAYS  OF THE RETURN OF THE SERVICE MEMBER FROM SUCH ACTIVE
 MILITARY SERVICE, OR AFTER SIXTY DAYS OF THE REVERSING  OR  VACATING  OF
 THE ORIGINAL CONVICTION, WHICHEVER IS LATER. IF THE ORIGINAL CHARGES ARE
 SO  REFILED,  THE  COURT  SHALL  NOTIFY THE SERVICE MEMBER NOT LESS THAN
 THIRTY DAYS BEFORE SUCH CHARGES MUST BE ANSWERED.  NO  CONVICTION  OF  A
 SERVICE  MEMBER  SHALL  BE  REVERSED  OR VACATED IN ACCORDANCE WITH THIS
 SUBDIVISION, IF SUCH CONVICTION WAS IMPOSED PRIOR TO  THE  DATE  OF  THE
 SERVICE  MEMBER'S  ACTIVE  DUTY,  IN  A  PROCEEDING IN WHICH THE SERVICE
 MEMBER PERSONALLY APPEARED.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.