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.
