Assembly Bill A7891

2023-2024 Legislative Session

Establishes a penalty for interfering with the repossession of certain vehicles

download bill text pdf

Sponsored By

Current 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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2023-A7891 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §425, V & T L

2023-A7891 (ACTIVE) - Summary

Establishes a penalty for interfering with the repossession of certain collateral vehicles.

2023-A7891 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7891
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 19, 2023
                                ___________
 
 Introduced  by M. of A. DURSO -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   a penalty for interfering with the repossession of certain vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  425  of the vehicle and traffic law, the section
 heading and subdivision 2 as amended by chapter 183 of the laws of  1973
 and  subdivision  1  as  amended  by chapter 473 of the laws of 2018, is
 amended to read as follows:
   § 425. Repossession of motor vehicle or motorcycle; garageman's  lien;
 notice to police. 1. [Any person, firm or corporation, or agent, employ-
 ee  or  representative thereof, repossessing or retaking a motor vehicle
 or motorcycle pursuant to the provisions of article nine of the  uniform
 commercial  code,  or  other authority of law, or any contract or agree-
 ment,] FOR THE PURPOSES OF THIS SECTION:
   (A) "COLLATERAL" SHALL MEAN A MOTOR VEHICLE OR MOTORCYCLE BEING REPOS-
 SESSED PURSUANT TO THE PROVISIONS OF ARTICLE NINE OF THE UNIFORM COMMER-
 CIAL CODE, OR OTHER  AUTHORITY OF LAW.
   (B) "REPOSSESSOR" SHALL MEAN  ANY  PERSON,  FIRM  OR  CORPORATION,  OR
 AGENT,  EMPLOYEE  OR  REPRESENTATIVE  THEREOF,  REPOSSESSING OR RETAKING
 COLLATERAL PURSUANT TO THE PROVISIONS OF ARTICLE  NINE  OF  THE  UNIFORM
 COMMERCIAL  CODE,  OR OTHER  AUTHORITY OF LAW, OR ANY CONTRACT OR AGREE-
 MENT.
   (C) "REPOSSESSION IS COMPLETE" SHALL MEAN:
   (I) THE REPOSSESSOR GAINING ENTRY TO THE COLLATERAL;
   (II) THE COLLATERAL  BECOMING  CONNECTED  TO  THE  TOW  TRUCK  OR  THE
 REPOSSESSOR'S TOW VEHICLE;
   (III) THE REPOSSESSOR MOVING THE ENTIRE COLLATERAL PRESENT; OR
   (IV) THE REPOSSESSOR GAINING CONTROL OF THE COLLATERAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11884-01-3
 A. 7891                             2
              

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