Senate Bill S2707

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2707
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the inclusion
   of certain information on an appearance ticket; and to amend the vehi-
   cle and traffic law, in relation to suspensions  for  failure  to  pay
   driver responsibility assessments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "traffic
 violations fair notice act".
   § 2. Section 150.10 of the criminal procedure law is amended by adding
 a new subdivision 3 to read as follows:
   3.    WHENEVER  AN APPEARANCE TICKET, AS DEFINED IN SUBDIVISION ONE OF
 THIS SECTION, IS ISSUED IN ACCORDANCE WITH  THE  PROVISIONS  OF  SECTION
 150.20  OF  THIS  ARTICLE TO A PERSON ALLEGING AN OFFENSE OF THE VEHICLE
 AND TRAFFIC LAW,  SUCH  APPEARANCE  TICKET  SHALL  CONTAIN  LANGUAGE  IN
 ACCORDANCE  WITH  SUBDIVISION  TWO  OF  THIS  SECTION, AND SHALL CONTAIN
 LANGUAGE, TO BE PROMULGATED BY THE COMMISSIONER OF MOTOR VEHICLES, NOTI-
 FYING THE DEFENDANT OF:
   (A) THE MAXIMUM FINE SCHEDULE  ESTABLISHED  BY  SECTION  ONE  THOUSAND
 EIGHT HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW;
   (B)  HOW  THE NUMBER OF POINTS ON YOUR LICENSE AFFECTS YOUR ABILITY TO
 MAINTAIN A DRIVER'S LICENSE, AS SET FORTH IN 15 NYCRR § 131.4;
   (C) THE DRIVER RESPONSIBILITY  ASSESSMENT  PROGRAM  ESTABLISHED  UNDER
 SECTION  FIVE  HUNDRED  THREE OF THE VEHICLE AND TRAFFIC LAW, TO WHOM IT
 APPLIES, AND THE FINE SCHEDULE THAT ACCOMPANIES IT; AND
   (D) THE MAXIMUM SURCHARGES THAT MAY BE APPLIED AGAINST A DRIVER IF  HE
 OR SHE PLEADS GUILTY TO THE ALLEGED INFRACTION.
   § 3. Section 510 of the vehicle and traffic law is amended by adding a
 new subdivision 4-g to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01425-02-9
              

 S. 2707                             2
 
   4-G.  SUSPENSION  FOR FAILURE TO PAY DRIVER RESPONSIBILITY ASSESSMENT.
 BEFORE THE DEPARTMENT MAY SUSPEND THE DRIVER'S LICENSE OR PRIVILEGES  OF
 ANY PERSON WHO FAILS TO PAY THE DRIVER RESPONSIBILITY ASSESSMENT IMPOSED
 UPON HIM OR HER BY THE DEPARTMENT PURSUANT TO SECTION FIVE HUNDRED THREE
 OF THIS TITLE, THE DEPARTMENT MUST HAVE SENT SUCH PERSON NOTICES STATING
 THAT  HE  OR SHE HAS FAILED TO PAY THE REQUIRED ASSESSMENT. SUCH NOTICES
 MUST BE SENT TO THE LAST KNOWN ADDRESS OF THE INDIVIDUAL ON TWO SEPARATE
 OCCASIONS, EACH OCCASION OCCURRING AT LEAST THIRTY DAYS  APART.  IF  THE
 ASSESSMENT  REMAINS UNPAID THIRTY DAYS AFTER THE SECOND AND FINAL NOTICE
 HAS BEEN SENT, THE DEPARTMENT MAY SUSPEND THE DRIVING PRIVILEGES OF SUCH
 PERSON. SUCH SUSPENSION SHALL TAKE EFFECT IMMEDIATELY.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized and directed  to
 be made and completed on or before such effective date.