Bill Text: NY A09610 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to reimbursing overturned traffic fines and requiring annual updates for police officers on local traffic laws.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-26 - referred to transportation [A09610 Detail]

Download: New_York-2017-A09610-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9610
                   IN ASSEMBLY
                                    January 26, 2018
                                       ___________
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Transportation
        AN  ACT to amend the vehicle and traffic law, in relation to reimbursing
          overturned traffic fines and requiring annual updates for police offi-
          cers on local traffic laws
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 1804 of the vehicle and traffic law, as amended by
     2  chapter 16 of the laws of 2016, is amended to read as follows:
     3    § 1804. Prohibition of imposition and collection of a  fine,  penalty,
     4  forfeiture,  fee or surcharge. 1. A municipality may only impose a fine,
     5  penalty, forfeiture, or any other fee  or  surcharge  against  a  person
     6  charged  with  a  violation of this chapter or any local law, ordinance,
     7  order, rule, regulation or administrative code adopted pursuant to  this
     8  chapter  if  such person is convicted of or found liable for a violation
     9  of this chapter or any local law, ordinance, order, rule, regulation  or
    10  administrative  code adopted pursuant to this chapter in satisfaction of
    11  such charge.
    12    2. A municipality that receives payment of a  fine,  penalty,  forfei-
    13  ture,  fee  or surcharge upon a conviction or finding of liability for a
    14  violation of this chapter or any  local  law,  ordinance,  order,  rule,
    15  regulation  or  administrative  code adopted pursuant to this chapter in
    16  satisfaction of such charge, shall reimburse such payment to the  person
    17  who  was convicted of such violation, where the conviction or finding of
    18  liability is overturned on appeal, including in a  proceeding  commenced
    19  pursuant to article seventy-eight of the civil practice law and rules.
    20    3.  A  municipality  shall reimburse a litigant for any costs and fees
    21  where a conviction or finding of liability pursuant to this  section  is
    22  overturned  on  appeal,  including  in  a proceeding pursuant to article
    23  seventy-eight of the civil practice law and rules.
    24    § 2. The vehicle and traffic law is amended by adding  a  new  section
    25  1605 to read as follows:
    26    §  1605. Annual notification.  Each municipal police department in the
    27  state shall annually notify its traffic enforcement agents, police offi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14181-01-8
        A. 9610                             2
     1  cers or any other person with the authority to issue a traffic or  park-
     2  ing  summons under this chapter of any changes made in the previous year
     3  to local traffic and parking laws, rules and regulations.
     4    § 3. This act shall take effect immediately.