Bill Text: NY A05046 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the vehicle and traffic law, in relation to the expiration of parking violations
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2010-03-04 - advanced to third reading cal.711 [A05046 Detail]
Download: New_York-2009-A05046-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5046 2009-2010 Regular Sessions I N A S S E M B L Y February 10, 2009 ___________ Introduced by M. of A. BRODSKY -- Multi-Sponsored by -- M. of A. SCAR- BOROUGH -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the expira- tion of parking violations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 241 of the vehicle and traffic law is amended by 2 adding a new subdivision 2-a to read as follows: 3 2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHARGE OF A PARK- 4 ING VIOLATION SHALL BE DISMISSED AND SHALL NOT BE ENFORCED IF NO JUDG- 5 MENT HAS BEEN RENDERED AND THE TIME PERIOD FOR RENDERING A DEFAULT JUDG- 6 MENT HAS EXPIRED; PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN THIS 7 SUBDIVISION SHALL REQUIRE THE DISMISSAL, OR PRECLUDE THE ENFORCEMENT, OF 8 A CHARGE OF A PARKING VIOLATION WHERE THE LIABLE PARTY WAS IMMUNE FROM 9 JUDGMENT ENTRY UNDER APPLICABLE LAW, TREATY, OR COURT ORDER, EXCEPT THAT 10 WHERE SUCH IMMUNITY IS TEMPORARY, SUCH CHARGE SHALL ONLY BE DISMISSED 11 AFTER THE EXPIRATION OF THE TIME PERIOD FOR RENDERING DEFAULT JUDGMENT 12 AND A TIME PERIOD EQUAL TO THE PERIOD OF SUCH TEMPORARY IMMUNITY; AND 13 PROVIDED FURTHER, HOWEVER, THAT NOTHING CONTAINED IN THIS SUBDIVISION 14 SHALL PRECLUDE THE SERVICE OF A NOTICE FOR THE REINSTATEMENT AND 15 ENFORCEMENT OF A CHARGE OF A PARKING VIOLATION WITHIN TWO YEARS OF THE 16 TIME THAT THE ENFORCING AUTHORITY DISCOVERS, OR COULD WITH REASONABLE 17 DILIGENCE HAVE DISCOVERED, THAT THE DISMISSAL WAS DUE TO THE KNOWING 18 FRAUD, FALSE TESTIMONY, MISREPRESENTATION, OR OTHER MISCONDUCT, OR THE 19 KNOWING ALTERATION OF A NOTICE OF PARKING VIOLATION, BY THE PERSON SO 20 CHARGED OR HIS OR HER AGENT, EMPLOYEE, OR REPRESENTATIVE. 21 S 2. Section 1806-a of the vehicle and traffic law is amended by 22 adding a new subdivision 1-a to read as follows: 23 1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHARGE OF A PARK- 24 ING VIOLATION SHALL BE DISMISSED AND SHALL NOT BE ENFORCED IF NO JUDG- 25 MENT HAS BEEN RENDERED AND THE TIME PERIOD FOR RENDERING A DEFAULT JUDG- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08665-01-9 A. 5046 2 1 MENT HAS EXPIRED; PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN THIS 2 SUBDIVISION SHALL REQUIRE THE DISMISSAL, OR PRECLUDE THE ENFORCEMENT, OF 3 A CHARGE OF A PARKING VIOLATION WHERE THE LIABLE PARTY WAS IMMUNE FROM 4 JUDGMENT ENTRY UNDER APPLICABLE LAW, TREATY, OR COURT ORDER, EXCEPT THAT 5 WHERE SUCH IMMUNITY IS TEMPORARY, SUCH CHARGE SHALL ONLY BE DISMISSED 6 AFTER THE EXPIRATION OF THE TIME PERIOD FOR RENDERING DEFAULT JUDGMENT 7 AND A TIME PERIOD EQUAL TO THE PERIOD OF SUCH TEMPORARY IMMUNITY; AND 8 PROVIDED FURTHER, HOWEVER, THAT NOTHING CONTAINED IN THIS SUBDIVISION 9 SHALL PRECLUDE THE SERVICE OF A NOTICE FOR THE REINSTATEMENT AND 10 ENFORCEMENT OF A CHARGE OF A PARKING VIOLATION WITHIN TWO YEARS OF THE 11 TIME THAT THE ENFORCING AUTHORITY DISCOVERS, OR COULD WITH REASONABLE 12 DILIGENCE HAVE DISCOVERED, THAT DISMISSAL WAS DUE TO THE KNOWING FRAUD, 13 FALSE TESTIMONY, MISREPRESENTATION, OR OTHER MISCONDUCT, OR THE KNOWING 14 ALTERATION OF A NOTICE OF PARKING VIOLATION, BY THE PERSON SO CHARGED OR 15 HIS OR HER AGENT, EMPLOYEE, OR REPRESENTATIVE. 16 S 3. This act shall take effect immediately.