S T A T E O F N E W Y O R K
________________________________________________________________________
9610
I N A S S E M B L Y
January 26, 2018
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to reimbursing
overturned traffic fines and requiring annual updates for police offi-
cers on local traffic laws
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1804 of the vehicle and traffic law, as amended by
chapter 16 of the laws of 2016, is amended to read as follows:
§ 1804. Prohibition of imposition and collection of a fine, penalty,
forfeiture, fee or surcharge. 1. A municipality may only impose a fine,
penalty, forfeiture, or any other fee or surcharge against a person
charged with a violation of this chapter or any local law, ordinance,
order, rule, regulation or administrative code adopted pursuant to this
chapter if such person is convicted of or found liable for a violation
of this chapter or any local law, ordinance, order, rule, regulation or
administrative code adopted pursuant to this chapter in satisfaction of
such charge.
2. A MUNICIPALITY THAT RECEIVES PAYMENT OF A FINE, PENALTY, FORFEI-
TURE, FEE OR SURCHARGE UPON A CONVICTION OR FINDING OF LIABILITY FOR A
VIOLATION OF THIS CHAPTER OR ANY LOCAL LAW, ORDINANCE, ORDER, RULE,
REGULATION OR ADMINISTRATIVE CODE ADOPTED PURSUANT TO THIS CHAPTER IN
SATISFACTION OF SUCH CHARGE, SHALL REIMBURSE SUCH PAYMENT TO THE PERSON
WHO WAS CONVICTED OF SUCH VIOLATION, WHERE THE CONVICTION OR FINDING OF
LIABILITY IS OVERTURNED ON APPEAL, INCLUDING IN A PROCEEDING COMMENCED
PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
3. A MUNICIPALITY SHALL REIMBURSE A LITIGANT FOR ANY COSTS AND FEES
WHERE A CONVICTION OR FINDING OF LIABILITY PURSUANT TO THIS SECTION IS
OVERTURNED ON APPEAL, INCLUDING IN A PROCEEDING PURSUANT TO ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
§ 2. The vehicle and traffic law is amended by adding a new section
1605 to read as follows:
§ 1605. ANNUAL NOTIFICATION. EACH MUNICIPAL POLICE DEPARTMENT IN THE
STATE SHALL ANNUALLY NOTIFY ITS TRAFFIC ENFORCEMENT AGENTS, POLICE OFFI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.