Senate Bill S7544

2017-2018 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-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

2017-S7544 (ACTIVE) - Summary

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

2017-S7544 (ACTIVE) - Sponsor Memo

2017-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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