S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1865
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 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 criminal
   penalties for operating a motor vehicle under the influence of alcohol
   or drugs and providing for impoundment of  the  vehicle  driven  while
   under the influence of alcohol or drugs

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) and subparagraph  (i)  of  paragraph  (b)  of
 subdivision  1 of section 1193 of the vehicle and traffic law, paragraph
 (a) as amended by chapter 75 of the laws of 1994 and subparagraph (i) of
 paragraph (b) as amended by chapter 169 of the laws of 2013, are amended
 to read as follows:
   (a) Driving while ability impaired. A violation of subdivision one  of
 section  eleven  hundred  ninety-two  of this article shall be a traffic
 infraction and shall be punishable by a fine  of  not  less  than  three
 hundred dollars nor more than five hundred dollars or by imprisonment in
 a  penitentiary  or  county  jail  for  not more than fifteen days OR BY
 IMPOUNDMENT OF THE VEHICLE USED IN THE OFFENSE FOR A PERIOD OF NOT  MORE
 THAN FIFTEEN DAYS, or by both such fine and imprisonment OR BY BOTH SUCH
 FINE  AND IMPOUNDMENT.   A person who operates a vehicle in violation of
 such subdivision after having been  convicted  of  a  violation  of  any
 subdivision  of section eleven hundred ninety-two of this article within
 the preceding five years shall be punished by a fine of  not  less  than
 five  hundred  dollars  nor more than seven hundred fifty dollars, or by
 imprisonment of not more than thirty days in a  penitentiary  or  county
 jail  OR  BY IMPOUNDMENT OF THE VEHICLE USED IN THE OFFENSE FOR A PERIOD
 OF NOT MORE THAN THIRTY DAYS or by both such fine and imprisonment OR BY
 BOTH SUCH FINE AND IMPOUNDMENT.   A person who  operates  a  vehicle  in
 violation  of  such  subdivision after having been convicted two or more
 times of a violation of any subdivision of section eleven hundred  nine-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05433-01-9

 A. 1865                             2
 
 ty-two of this article within the preceding ten years shall be guilty of
 a  misdemeanor,  and  shall be punished by a fine of not less than seven
 hundred fifty dollars nor more  than  fifteen  hundred  dollars,  or  by
 imprisonment  of not more than one hundred eighty days in a penitentiary
 or county jail OR BY IMPOUNDMENT OF THE VEHICLE USED IN THE OFFENSE  FOR
 A PERIOD OF NOT MORE THAN NINETY DAYS or by both such fine and imprison-
 ment OR BY BOTH SUCH FINE AND IMPOUNDMENT.
   (i)  A  violation of subdivision two, three, four or four-a of section
 eleven hundred ninety-two of this article shall  be  a  misdemeanor  and
 shall  be punishable by a fine of not less than five hundred dollars nor
 more than one thousand dollars, or by imprisonment in a penitentiary  or
 county  jail for not more than one year OR BY IMPOUNDMENT OF THE VEHICLE
 USED IN THE OFFENSE FOR A PERIOD OF NOT MORE THAN ONE YEAR, or  by  both
 such  fine  and  imprisonment  OR  BY  BOTH SUCH FINE AND IMPOUNDMENT. A
 violation of paragraph  (a)  of  subdivision  two-a  of  section  eleven
 hundred  ninety-two  of this article shall be a misdemeanor and shall be
 punishable by a fine of not less than one thousand dollars nor more than
 two thousand five hundred dollars or by imprisonment in  a  penitentiary
 or  county  jail  for  not  more than one year, or by both such fine and
 imprisonment.
   § 2. Subdivision 1 of section 1193 of the vehicle and traffic  law  is
 amended by adding a new paragraph (h) to read as follows:
   (H)  NO SENTENCE OF IMPOUNDMENT MAY BE IMPOSED PURSUANT TO THIS SUBDI-
 VISION UNTIL THE OWNER OF THE MOTOR VEHICLE USED IN THE OFFENSE HAS BEEN
 NOTIFIED THAT IMPOUNDMENT MAY BE ORDERED AND THEY ARE GIVEN A REASONABLE
 OPPORTUNITY TO DEMONSTRATE WHY SUCH SENTENCE SHOULD NOT BE  IMPOSED.  IN
 EXERCISING  ITS SENTENCING DISCRETION IN ANY CASE WHERE THE OWNER OF THE
 MOTOR VEHICLE USED IN THE OFFENSE IS NOT THE DEFENDANT, THE COURT  SHALL
 CONSIDER  (1)  THE  DUE  DILIGENCE EXERCISED BY THE OWNER TO PREVENT THE
 UNLAWFUL USE OF THE MOTOR VEHICLE BY THE DEFENDANT, AND  (2)  THE  UNDUE
 HARDSHIP TO THE OWNER IN THE EVENT OF A SENTENCE OF IMPOUNDMENT.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 1193-a to read as follows:
   § 1193-A. IMPOUNDMENT AND REDEMPTION OF VEHICLES. 1. WHEN  A  SENTENCE
 OF  IMPOUNDMENT  IS  IMPOSED BY THE COURT PURSUANT TO SUBDIVISION ONE OF
 SECTION ELEVEN HUNDRED NINETY-THREE OF THIS  ARTICLE,  THE  OWNER  SHALL
 SURRENDER  THE  VEHICLE  USED  IN THE OFFENSE TO AN OFFICER OF THE LOCAL
 AUTHORITY, WHO SHALL REMOVE OR ARRANGE FOR THE REMOVAL OF THE VEHICLE TO
 A GARAGE, AUTOMOBILE POUND, OR OTHER PLACE  OF  SAFETY  WHERE  IT  SHALL
 REMAIN IMPOUNDED FOR THE TIME IMPOSED BY THE SENTENCING COURT. THE VEHI-
 CLE  SHALL  BE  ENTERED  INTO  THE NEW YORK STATEWIDE POLICE INFORMATION
 NETWORK AS AN IMPOUNDED VEHICLE.
   2. A MOTOR VEHICLE SO IMPOUNDED SHALL BE IN THE CUSTODY OF  THE  LOCAL
 AUTHORITY AND SHALL NOT BE RELEASED UNTIL:
   (A) THE EXPIRATION OF THE IMPOUNDMENT PERIOD IMPOSED BY THE SENTENCING
 COURT.
   (B) PAYMENT HAS BEEN MADE FOR THE REASONABLE COSTS OF REMOVAL, STORAGE
 AND PROCESSING OF THE MOTOR VEHICLE. THE REGISTERED OWNER OF THE VEHICLE
 SHALL  BE  RESPONSIBLE FOR SUCH PAYMENT PROVIDED, HOWEVER, THAT IF HE OR
 SHE WAS NOT THE OPERATOR AT THE TIME OF THE OFFENSE HE OR SHE SHALL HAVE
 A CAUSE OF ACTION AGAINST SUCH OPERATOR TO RECOVER SUCH COSTS.
   (C) WHERE THE MOTOR VEHICLE WAS OPERATED BY A PERSON WHO AT  THE  TIME
 OF  THE  OFFENSE  WAS  THE OWNER THEREOF, SATISFACTORY EVIDENCE THAT THE
 REGISTERED OWNER OR OTHER PERSON SEEKING TO REDEEM  THE  VEHICLE  HAS  A
 LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IN THIS STATE.

 A. 1865                             3
 
   3.  IF  FIFTEEN  DAYS  HAVE ELAPSED FROM THE EXPIRATION OF THE TERM OF
 IMPOUNDMENT IMPOSED BY THE SENTENCING COURT, AND THE MOTOR  VEHICLE  HAS
 NOT BEEN RELEASED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE LOCAL
 AUTHORITY SHALL MAKE INQUIRY IN THE MANNER PRESCRIBED BY THE COMMISSION-
 ER  AS  TO THE NAME AND ADDRESS OF THE OWNER AND ANY LIENHOLDER AND UPON
 RECEIPT OF SUCH INFORMATION SHALL NOTIFY THE OWNER AND  THE  LIENHOLDER,
 IF  ANY,  AT  HIS  OR  HER  LAST KNOWN ADDRESS BY CERTIFIED MAIL, RETURN
 RECEIPT REQUESTED, THAT IF THE VEHICLE  IS  NOT  RETRIEVED  PURSUANT  TO
 SUBDIVISION  TWO  OF  THIS  SECTION WITHIN THIRTY DAYS FROM THE DATE THE
 NOTICE IS GIVEN, IT WILL BE FORFEITED. IF THE VEHICLE WAS REGISTERED  IN
 NEW YORK STATE THE LAST KNOWN ADDRESS SHALL BE THAT ADDRESS ON FILE WITH
 THE  COMMISSIONER. IF THE VEHICLE WAS REGISTERED OUT-OF-STATE OR WAS NOT
 REGISTERED, NOTIFICATION SHALL BE MADE IN THE MANNER PRESCRIBED  BY  THE
 COMMISSIONER.
   4.  A MOTOR VEHICLE THAT HAS BEEN IMPOUNDED AND NOT RETRIEVED PURSUANT
 TO THE FOREGOING PROVISIONS OF THIS SECTION SHALL BE  FORFEITED  TO  THE
 LOCAL  AUTHORITY  UPON  EXPIRATION  OF THE PERIOD OF NOTICE SET FORTH IN
 SUBDIVISION THREE OF THIS SECTION. A PROCEEDING TO DECREE  SUCH  FORFEI-
 TURE AND TO RECOVER TOWING AND STORAGE COSTS, IF ANY, TO THE EXTENT SUCH
 COSTS EXCEED THE FAIR MARKET VALUE OF THE VEHICLE, MAY BE BROUGHT BY THE
 LOCAL  AUTHORITY  IN  THE COURT IN WHICH THE DEFENDANT WAS SENTENCED FOR
 THE CRIME OF DRIVING WHILE ABILITY IMPAIRED OR DRIVING WHILE INTOXICATED
 BY PETITION FOR AN ORDER  DECREEING  FORFEITURE  OF  THE  MOTOR  VEHICLE
 ACCOMPANIED  BY  AN AFFIDAVIT ATTESTING TO FACTS SHOWING THAT FORFEITURE
 IS WARRANTED. IF THE IDENTITY AND ADDRESS OF THE OWNER AND/OR LIENHOLDER
 IS KNOWN TO THE LOCAL AUTHORITY, TEN DAYS NOTICE SHALL BE GIVEN TO  SUCH
 PARTY,  WHO  SHALL  HAVE  AN OPPORTUNITY TO APPEAR AND BE HEARD PRIOR TO
 ENTRY OF AN ORDER DECREEING FORFEITURE.   WHERE THE COURT  IS  SATISFIED
 THAT  FORFEITURE OF A MOTOR VEHICLE IS WARRANTED IN ACCORDANCE WITH THIS
 SECTION, IT SHALL ENTER AN ORDER DECREEING THE FORFEITURE OF SUCH  VEHI-
 CLE.  PROVIDED,  HOWEVER,  THAT  THE COURT AT ANY TIME PRIOR TO ENTRY OF
 SUCH ORDER MAY AUTHORIZE RELEASE  OF  THE  VEHICLE  IN  ACCORDANCE  WITH
 SUBDIVISION TWO OF THIS SECTION UPON A SHOWING OF GOOD CAUSE FOR FAILURE
 TO  RETRIEVE  SAME  PRIOR  TO  COMMENCEMENT  OF THE PROCEEDING TO DECREE
 FORFEITURE, BUT IF THE COURT ORDERS RELEASE  OF  THE  MOTOR  VEHICLE  AS
 HEREIN PROVIDED AND THE VEHICLE IS NOT REDEEMED WITHIN TEN DAYS FROM THE
 DATE  OF  SUCH ORDER, THE VEHICLE SHALL BE DEEMED TO HAVE BEEN ABANDONED
 AND THE COURT, UPON APPLICATION OF THE LOCAL AUTHORITY,  MUST  ENTER  AN
 ORDER DECREEING ITS FORFEITURE.
   5. A MOTOR VEHICLE FORFEITED IN ACCORDANCE WITH THE PROVISIONS OF THIS
 SECTION SHALL BE AND BECOME THE PROPERTY OF THE LOCAL AUTHORITY, SUBJECT
 HOWEVER  TO  ANY  LIEN THAT WAS RECORDED PRIOR TO THE IMPOUNDMENT OF THE
 VEHICLE.
   6. FOR THE PURPOSES OF THIS SECTION, THE TERM "LOCAL AUTHORITY"  MEANS
 THE  MUNICIPALITY  IN WHICH THE MOTOR VEHICLE WAS SEIZED; EXCEPT THAT IF
 THE MOTOR VEHICLE WAS SEIZED ON PROPERTY OF THE NEW YORK  STATE  THRUWAY
 AUTHORITY  OR  PROPERTY  UNDER  THE JURISDICTION OF THE OFFICE OF PARKS,
 RECREATION AND HISTORIC PRESERVATION, THE DEPARTMENT OF  TRANSPORTATION,
 OR  A  PUBLIC  AUTHORITY OR COMMISSION, THE TERM "LOCAL AUTHORITY" MEANS
 SUCH AUTHORITY, OFFICE, DEPARTMENT, OR COMMISSION. A COUNTY MAY  PROVIDE
 BY  LOCAL LAW THAT THE COUNTY MAY ACT AS THE AGENT FOR A LOCAL AUTHORITY
 UNDER THIS SECTION.
   7. WHEN A VEHICLE HAS BEEN IMPOUNDED PURSUANT  TO  THIS  SECTION,  THE
 LOCAL  AUTHORITY  OR ANY PERSON HAVING CUSTODY OF THE VEHICLE SHALL MAKE
 THE VEHICLE AVAILABLE OR GRANT ACCESS TO IT TO ANY OWNER OR  ANY  PERSON
 DESIGNATED  OR  AUTHORIZED  BY  SUCH OWNER FOR THE PURPOSE OF (A) TAKING

 A. 1865                             4
 
 POSSESSION OF ANY PERSONAL PROPERTY FOUND WITHIN  THE  VEHICLE  AND  (B)
 OBTAINING PROOF OF REGISTRATION, FINANCIAL SECURITY, TITLE OR DOCUMENTA-
 TION IN SUPPORT THEREOF.
   8. UPON APPLICATION BY THE DEFENDANT, THE SENTENCING COURT MAY FASHION
 AN  ALTERNATIVE  METHOD OF DISABLING AND/OR SECURING THE CAR FROM USE BY
 THE DEFENDANT FOR THE DURATION OF THE IMPOUNDMENT PERIOD.
   9. ANY PERSON WHO KNOWINGLY FAILS TO SURRENDER A VEHICLE FOR  IMPOUND-
 MENT  PURSUANT TO THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR PUNISHA-
 BLE BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR  MORE  THAN  ONE
 THOUSAND  DOLLARS,  OR  BY IMPRISONMENT IN A PENITENTIARY OR COUNTY JAIL
 FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   § 4. This act  shall  take  effect  immediately  and  shall  apply  to
 proceedings commenced on and after such date.