Bill Text: NY A01333 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the vehicle and traffic law, in relation to postponements of hearings

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to transportation [A01333 Detail]

Download: New_York-2009-A01333-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1333
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Transportation
       AN  ACT  to  amend the vehicle and traffic law, in relation to postpone-
         ments of hearings
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  225 of the vehicle and traffic law is amended by
    2  adding a new subdivision 4 to read as follows:
    3    4. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  PROVIDING
    4  FOR  THE  POSTPONEMENT  OF  HEARINGS.  SUCH  RULES AND REGULATIONS SHALL
    5  PROVIDE THAT SUBSEQUENT TO THE ENTRY OF A PLEA OF NOT GUILTY A  MOTORIST
    6  MAY REQUEST ONE POSTPONEMENT OF A HEARING BY TELEPHONE OR BY MAILING HIS
    7  OR  HER REQUEST AT LEAST FOUR DAYS BEFORE THE HEARING DATE, TO THE HEAR-
    8  ING OFFICE WHERE THE HEARING WILL BE HELD.  SUCH MOTORIST SHALL BE NOTI-
    9  FIED BY MAIL OF THE RESCHEDULED DATE OF THE HEARING. A MOTORIST MAY ALSO
   10  REQUEST A POSTPONEMENT BY APPEARING IN PERSON  OR  THROUGH  A  REPRESEN-
   11  TATIVE  APPEARING  IN PERSON (A) AT ANY HEARING OFFICE, AT LEAST ONE DAY
   12  BEFORE THE HEARING WILL BE HELD OR (B) AT THE HEARING OFFICE  WHERE  THE
   13  HEARING  WILL  BE HELD, FOR GOOD CAUSE SHOWN, ON THE DAY OF THE HEARING.
   14  FOR A SECOND OR SUBSEQUENT POSTPONEMENT  THE  MOTORIST  OR  HIS  OR  HER
   15  REPRESENTATIVE  SHALL SHOW GOOD CAUSE. FOR THE PURPOSES OF THIS SUBDIVI-
   16  SION, "GOOD CAUSE" SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  ANY  OF  THE
   17  FOLLOWING:    DEATH, SERIOUS BODILY INJURY OR ILLNESS OF A MEMBER OF THE
   18  MOTORIST'S IMMEDIATE FAMILY; ILLNESS OR SERIOUS  BODILY  INJURY  OF  THE
   19  MOTORIST; A CONFLICTING COURT APPEARANCE OF THE MOTORIST'S ATTORNEY; THE
   20  MOTORIST'S  RELIGIOUS OBSERVANCE; OR ACADEMIC EXAMINATION. POSTPONEMENTS
   21  OF HEARINGS SHALL BE GRANTED IF AN ATTORNEY CONFLICT IS  CREATED  BY  AN
   22  ADMINISTRATIVE ADJOURNMENT OR POLICE OFFICER UNAVAILABILITY. FOR A THIRD
   23  OR SUBSEQUENT POSTPONEMENT OF A HEARING BY A MOTORIST, THE HEARING OFFI-
   24  CER MAY ORDER THE POSTING OF SECURITY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00202-01-9
       A. 1333                             2
    1    S 2. This act shall take effect on the one hundred eightieth day after
    2  it  shall  have  become  a  law; provided that any rules and regulations
    3  necessary to implement the provisions of this act on its effective  date
    4  are  authorized and directed to be completed on or before such effective
    5  date.