Bill Text: NY A02288 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that a court may require the reexamination of certain drivers, including the administration of a road test, pursuant to section five hundred six of the vehicle and traffic law; provides for the court or the clerk to notify the commissioner of motor vehicles of an order for reexamination; requires for the expense of the reexamination to be the expense of the person required to be examined.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-07-14 - enacting clause stricken [A02288 Detail]

Download: New_York-2019-A02288-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2288
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        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  requiring
          reexamination of drivers in certain cases
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 506 of the vehicle and traffic law  is  amended  by
     2  adding a new subdivision 1-a to read as follows:
     3    1-a.  If  the commissioner receives notification from a court pursuant
     4  to section eighteen hundred eleven of  this  chapter,  the  commissioner
     5  shall  require  such person to submit to an examination to determine his
     6  or her qualifications.
     7    § 2. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
     8  traffic  law  is amended by adding a new subparagraph (xviii) to read as
     9  follows:
    10    (xviii) When the holder has failed to apply to the commissioner within
    11  thirty days of a court order for a  reexamination  pursuant  to  section
    12  eighteen  hundred  eleven  of  this chapter, until the holder makes such
    13  application with the commissioner.
    14    § 3. The vehicle and traffic law is amended by adding  a  new  section
    15  1811 to read as follows:
    16    §  1811.  Reexamination.  1.  Upon  sentencing a person convicted of a
    17  violation of any of the provisions of  title  six  or  articles  twenty-
    18  three,  twenty-four, twenty-five, twenty-six, twenty-eight, twenty-nine,
    19  thirty, thirty-one and section twelve hundred twelve of this chapter  or
    20  of  any ordinance, order, rule or regulation adopted pursuant to section
    21  sixteen hundred thirty or sixteen hundred thirty-one of this chapter and
    22  either (a) such person was convicted two or more times within the previ-
    23  ous eighteen months of any such provision,  ordinance,  order,  rule  or
    24  regulation or any combination thereof not arising from the same incident
    25  or  (b)  the court has reasonable grounds to believe that such person is
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00281-01-9
        A. 2288                             2
     1  not qualified to drive a motor vehicle, a court may, in addition to  any
     2  other penalty authorized by law, issue an order requiring such person to
     3  submit  to  a reexamination by the commissioner pursuant to section five
     4  hundred six of this chapter.
     5    2. The court or the clerk thereof shall notify the commissioner, with-
     6  in  ten  days  of sentencing, of an order for reexamination, in a manner
     7  and form prescribed by the  commissioner.  Such  form  shall  contain  a
     8  statement  by  the  court of the facts and circumstances that caused the
     9  court to believe that reexamination was necessary.
    10    3. Any such reexamination shall be made at the expense of  the  person
    11  required to be examined.
    12    4.  Nothing contained in this section shall be deemed to supersede the
    13  requirements of article thirty-one or any other provision of this  chap-
    14  ter  that  are  otherwise  applicable  to  the suspension, revocation or
    15  restoration of a driver's license.
    16    § 4. This act shall take effect on the first of November next succeed-
    17  ing the date on which it shall have become a law.