Bill Text: NY A09171 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Allows installment payments upon conviction for aggravated unlicensed operation of a motor vehicle.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-01 - referred to transportation [A09171 Detail]

Download: New_York-2011-A09171-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9171
                                 I N  A S S E M B L Y
                                   February 1, 2012
                                      ___________
       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  allowing
         installment  payments  upon conviction of aggravated unlicensed opera-
         tion of a motor vehicle
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  511 of the vehicle and traffic law is amended by
    2  adding a new subdivision 8 to read as follows:
    3    8. SUSPENSION WAIVED UPON PAYMENT OF JUDGMENT IN  INSTALLMENTS.    (A)
    4  THE  COMMISSIONER SHALL NOT SUSPEND A LICENSE OR REGISTRATION OF A MOTOR
    5  VEHICLE UNDER THIS SECTION, AND SHALL RESTORE ANY LICENSE  OR  REGISTRA-
    6  TION  SUSPENDED  FOLLOWING  NON-PAYMENT OF A JUDGMENT, WHEN THE JUDGMENT
    7  DEBTOR GIVES PROOF OF HIS FINANCIAL  RESPONSIBILITY  IN  THE  FUTURE  AS
    8  HEREINAFTER PROVIDED, AND WHEN THE JUDGMENT DEBTOR OBTAINS AN ORDER FROM
    9  THE COURT IN WHICH SUCH JUDGMENT WAS RENDERED, PERMITTING THE PAYMENT OF
   10  SUCH  JUDGMENT  IN  INSTALLMENTS,  AND  WHILE  THE  PAYMENT  OF ANY SAID
   11  INSTALLMENT IS NOT IN DEFAULT.
   12    (B) A JUDGMENT DEBTOR UPON FIVE DAYS' NOTICE TO THE JUDGMENT  CREDITOR
   13  MAY APPLY TO THE COURT IN WHICH SUCH JUDGMENT WAS OBTAINED FOR THE PRIV-
   14  ILEGE  OF  PAYING  SUCH  JUDGMENT  IN INSTALLMENTS AND THE COURT, IN ITS
   15  DISCRETION AND WITHOUT PREJUDICE TO ANY OTHER LEGAL REMEDIES  WHICH  THE
   16  JUDGMENT  CREDITOR  MAY HAVE, MAY SO ORDER, FIXING THE AMOUNTS AND TIMES
   17  OF PAYMENT OF THE INSTALLMENTS.
   18    (C) IN THE EVENT THE JUDGMENT DEBTOR FAILS TO PAY ANY  INSTALLMENT  AS
   19  PERMITTED  BY  THE  ORDER OF THE COURT, THEN UPON NOTICE OF SUCH DEFAULT
   20  THE COMMISSIONER SHALL FORTHWITH SUSPEND THE  LICENSE  AND  REGISTRATION
   21  CERTIFICATES  AND  REGISTRATION PLATES OF THE JUDGMENT DEBTOR UNTIL SUCH
   22  JUDGMENT IS SATISFIED AS PROVIDED IN THIS ARTICLE.
   23    (D) PROVIDED, HOWEVER, IF THE JUDGMENT CREDITOR CONSENTS  IN  WRITING,
   24  IN SUCH FORM AS THE COMMISSIONER MAY PRESCRIBE, THAT THE JUDGMENT DEBTOR
   25  BE  ALLOWED  LICENSE  AND  REGISTRATION  THE  SAME MAY BE ALLOWED BY THE
   26  COMMISSIONER, IN HIS DISCRETION, NOTWITHSTANDING DEFAULT IN THE  PAYMENT
   27  OF SUCH JUDGMENT OR OF ANY INSTALLMENTS THEREOF, FOR SIX MONTHS FROM THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13809-01-2
       A. 9171                             2
    1  DATE  OF  SUCH  CONSENT  AND THEREAFTER UNTIL SUCH CONSENT IS REVOKED IN
    2  WRITING, IF THE JUDGMENT DEBTOR FURNISHES PROOF OF HIS FINANCIAL RESPON-
    3  SIBILITY IN THE FUTURE AS HEREINAFTER PROVIDED.
    4    S 2. This act shall take effect immediately.