Assembly Bill A2288

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2288
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   reexamination of drivers in certain cases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 506 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 1-a to read as follows:
   1-A.  IF  THE COMMISSIONER RECEIVES NOTIFICATION FROM A COURT PURSUANT
 TO SECTION EIGHTEEN HUNDRED ELEVEN OF  THIS  CHAPTER,  THE  COMMISSIONER
 SHALL  REQUIRE  SUCH PERSON TO SUBMIT TO AN EXAMINATION TO DETERMINE HIS
 OR HER QUALIFICATIONS.
   § 2. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
 traffic  law  is amended by adding a new subparagraph (xviii) to read as
 follows:
   (XVIII) WHEN THE HOLDER HAS FAILED TO APPLY TO THE COMMISSIONER WITHIN
 THIRTY DAYS OF A COURT ORDER FOR A  REEXAMINATION  PURSUANT  TO  SECTION
 EIGHTEEN  HUNDRED  ELEVEN  OF  THIS CHAPTER, UNTIL THE HOLDER MAKES SUCH
 APPLICATION WITH THE COMMISSIONER.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 1811 to read as follows:
   §  1811.  REEXAMINATION.  1.  UPON  SENTENCING A PERSON CONVICTED OF A
 VIOLATION OF ANY OF THE PROVISIONS OF  TITLE  SIX  OR  ARTICLES  TWENTY-
 THREE,  TWENTY-FOUR, TWENTY-FIVE, TWENTY-SIX, TWENTY-EIGHT, TWENTY-NINE,
 THIRTY, THIRTY-ONE AND SECTION TWELVE HUNDRED TWELVE OF THIS CHAPTER  OR
 OF  ANY ORDINANCE, ORDER, RULE OR REGULATION ADOPTED PURSUANT TO SECTION
 SIXTEEN HUNDRED THIRTY OR SIXTEEN HUNDRED THIRTY-ONE OF THIS CHAPTER AND
 EITHER (A) SUCH PERSON WAS CONVICTED TWO OR MORE TIMES WITHIN THE PREVI-
 OUS EIGHTEEN MONTHS OF ANY SUCH PROVISION,  ORDINANCE,  ORDER,  RULE  OR
 REGULATION OR ANY COMBINATION THEREOF NOT ARISING FROM THE SAME INCIDENT
 OR  (B)  THE COURT HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH PERSON IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00281-01-9

 A. 2288                             2
 
 NOT QUALIFIED TO DRIVE A MOTOR VEHICLE, A COURT MAY, IN ADDITION TO  ANY
 OTHER PENALTY AUTHORIZED BY LAW, ISSUE AN ORDER REQUIRING SUCH PERSON TO
 SUBMIT  TO  A REEXAMINATION BY THE COMMISSIONER PURSUANT TO SECTION FIVE
 HUNDRED SIX OF THIS CHAPTER.
   2. THE COURT OR THE CLERK THEREOF SHALL NOTIFY THE COMMISSIONER, WITH-
 IN  TEN  DAYS  OF SENTENCING, OF AN ORDER FOR REEXAMINATION, IN A MANNER
 AND FORM PRESCRIBED BY THE  COMMISSIONER.  SUCH  FORM  SHALL  CONTAIN  A
 STATEMENT  BY  THE  COURT OF THE FACTS AND CIRCUMSTANCES THAT CAUSED THE
 COURT TO BELIEVE THAT REEXAMINATION WAS NECESSARY.
   3. ANY SUCH REEXAMINATION SHALL BE MADE AT THE EXPENSE OF  THE  PERSON
 REQUIRED TO BE EXAMINED.
   4.  NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO SUPERSEDE THE
 REQUIREMENTS OF ARTICLE THIRTY-ONE OR ANY OTHER PROVISION OF THIS  CHAP-
 TER  THAT  ARE  OTHERWISE  APPLICABLE  TO  THE SUSPENSION, REVOCATION OR
 RESTORATION OF A DRIVER'S LICENSE.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.