S T A T E O F N E W Y O R K
________________________________________________________________________
1027
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
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 certain
pleas of guilty to be recorded on a driver's record
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The opening paragraph of subdivision (h) of section 1180 of
2 the vehicle and traffic law, as amended by chapter 173 of the laws of
3 1990, is amended to read as follows:
4 Upon a conviction for a violation of subdivision (b), (c), (d), (f) or
5 (g) of this section, the court shall record the speed upon which the
6 conviction was based on the certificate required to be filed with the
7 commissioner pursuant to section five hundred fourteen of this chapter,
8 or if the conviction occurs in an administrative tribunal established
9 pursuant to article two-A of this chapter, the speed upon which the
10 conviction was based shall be entered in the department's records. WHEN
11 THE CHARGE LAID BEFORE THE COURT, OR ADMINISTRATIVE TRIBUNAL ESTABLISHED
12 PURSUANT TO ARTICLE TWO-A OF THIS CHAPTER, ALLEGES A VIOLATION OF SUBDI-
13 VISION (B), (C), (D), (F) OR (G) OF THIS SECTION, AND WHEN ANY PLEA OF
14 GUILTY IS ENTERED IN SATISFACTION OF SUCH CHARGE THE COURT OR TRIBUNAL
15 SHALL RECORD THE FACT THAT SUCH CONVICTION AROSE FROM A PLEA OF GUILTY
16 IN SATISFACTION OF SUCH CHARGE AND THE CHARGE WHICH WAS SATISFIED BY
17 SUCH PLEA ON THE CERTIFICATE REQUIRED TO BE FILED WITH THE COMMISSIONER
18 PURSUANT TO SECTION FIVE HUNDRED FOURTEEN OF THIS CHAPTER; PROVIDED,
19 HOWEVER, THAT THE COURT OR TRIBUNAL, UPON A FINDING THAT THE FACTS OF
20 THE CASE WOULD NOT WARRANT A CHARGE FOR SUCH OFFENSE, MAY DIRECT THAT
21 SUCH CERTIFICATE ONLY REFLECT THE CHARGE TO WHICH SUCH PLEA WAS ENTERED
22 AND SHALL SET FORTH UPON THE RECORD THE REASONS FOR SUCH FINDING.
23 S 2. Section 354 of the vehicle and traffic law, as amended by chapter
24 61 of the laws of 1989, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04333-01-3
A. 1027 2
1 S 354. Commissioner to furnish operating record. The commissioner
2 shall upon request furnish any insurance carrier or any person an
3 abstract of the operating record of any person subject to the provisions
4 of this article, which abstract shall include enumeration of any
5 convictions of such person of a violation of any provision of any stat-
6 ute relating to the operation of a motor vehicle, INCLUDING, SUCH INFOR-
7 MATION REQUIRED TO BE REPORTED TO THE COMMISSIONER PURSUANT TO SUBDIVI-
8 SION (H) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER or any
9 accidents in which a motor vehicle driven by such person has been
10 involved during the current calendar year and the three calendar years
11 preceding that in which the request for the operating record is received
12 and if specifically requested shall also fully designate the motor vehi-
13 cles, if any, registered in the name of such person and the name of the
14 insurer insuring such motor vehicle, for the registration year in which
15 the request for the operating record is received. A request for an
16 abstract of an operating record shall be subject to the provisions of
17 section two hundred two of this chapter.
18 S 3. This act shall take effect on the first of November next succeed-
19 ing the date on which it shall have become a law and shall apply to all
20 offenses committed on or after such effective date. Effective immediate-
21 ly the addition, amendment or repeal of any rule or regulation necessary
22 for the implementation of this act on its effective date is authorized
23 and to be made on or before such date.