senate Bill S7544

2017-2018 Legislative Session

Relates to reimbursing overturned traffic fines and requiring annual updates for police officers on local traffic laws

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2018 referred to transportation
delivered to assembly
passed senate
Mar 13, 2018 advanced to third reading
Mar 12, 2018 2nd report cal.
Mar 06, 2018 1st report cal.609
Jan 23, 2018 referred to transportation

Co-Sponsors

S7544 (ACTIVE) - Details

See Assembly Version of this Bill:
A9610
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1804, add §1605, V & T L

S7544 (ACTIVE) - Summary

Relates to reimbursing overturned traffic fines and requiring annual updates for police officers on local traffic laws.

S7544 (ACTIVE) - Sponsor Memo

S7544 (ACTIVE) - Bill Text download pdf


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

                                  7544

                            I N  S E N A T E

                            January 23, 2018
                               ___________

Introduced by Sens. KLEIN, AVELLA -- read twice and ordered printed, and
  when printed to be committed to the Committee 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

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