Assembly Bill A3567

2019-2020 Legislative Session

Authorizes the impoundment of vehicles operated by intoxicated or impaired persons

download bill text pdf

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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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2019-A3567 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2461
2011-2012: A2666
2013-2014: A3932
2015-2016: A2868
2017-2018: A3935
2021-2022: A1575
2023-2024: A832

2019-A3567 (ACTIVE) - Summary

Authorizes the impoundment of vehicles operated by intoxicated or impaired persons; authorizes the release of impounded vehicles to owners of such vehicles if certain criteria is met; authorizes a reasonable fee for towing and storage of such vehicles.

2019-A3567 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3567
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 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 impound-
   ment of vehicles operated by intoxicated and or impaired persons
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1194 of the vehicle and traffic law is amended by
 adding a new subdivision 5 to read as follows:
   5. IMPOUNDMENT OF VEHICLE OPERATED BY ARRESTEE; CONDITIONS OF RELEASE;
 FEE FOR TOWING STORAGE. (A) WHENEVER A PERSON HAS BEEN  ARRESTED  FOR  A
 VIOLATION  OF  SUBDIVISION  ONE,  TWO,  TWO-A,  THREE, FOUR OR FOUR-A OF
 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, THE  LAW  ENFORCEMENT
 AGENCY  SHALL IMPOUND THE VEHICLE THAT THE ARRESTEE WAS OPERATING AT THE
 TIME OF THE ARREST.
   (B) A VEHICLE  IMPOUNDMENT  PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
 IMPOUNDED UNTIL THE FOLLOWING CONDITIONS FOR THE RELEASE OF SUCH VEHICLE
 ARE MET:
   (1)  WITH RESPECT TO THE RELEASE OF THE VEHICLE TO THE ARRESTEE, FOR A
 PERIOD OF NOT LESS THAN TWELVE HOURS FROM THE TIME OF THE ARREST;
   (2) WITH RESPECT TO THE RELEASE OF THE VEHICLE TO A PERSON OTHER  THAN
 THE ARRESTEE, WHERE SUCH VEHICLE IS OWNED OR LEASED BY:
   (A)  THAT  PERSON  AND  THAT  PERSON MEETS THE CONDITIONS SET FORTH IN
 SUBPARAGRAPH THREE OF THIS PARAGRAPH; OR
   (B) THE ARRESTEE, AND THE ARRESTEE IS AT LEAST EIGHTEEN YEARS  OLD  OR
 EMANCIPATED,  AND  THE  ARRESTEE  GIVES WRITTEN PERMISSION IN A FORM AND
 MANNER ESTABLISHED BY THE COMMISSIONER, TO  ANOTHER  PERSON  TO  OPERATE
 SUCH  VEHICLE,  AND  SUCH PERSON MEETS THE CONDITIONS FOR RELEASE AS SET
 FORTH IN SUBPARAGRAPH THREE OF THIS PARAGRAPH; OR
   (C) THE ARRESTEE, AND THE ARRESTEE IS UNDER THE AGE  OF  EIGHTEEN  AND
 UNEMANCIPATED, THE VEHICLE MAY BE RELEASED TO THE PARENT OR LEGAL GUARD-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07771-01-9
              

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