S T A T E O F N E W Y O R K ________________________________________________________________________ 363 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed 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 S 2. Paragraph b of subdivision 2 of section 510 of the vehicle and 8 traffic law is amended by adding a new subparagraph (xvi) to read as 9 follows: 10 (XVI) 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 S 3. The vehicle and traffic law is amended by adding a new section 15 1811 to read as follows: 16 S 1811. REEXAMINATION. 1. UPON SENTENCING A PERSON CONVICTED OF A 17 VIOLATION OF ANY OF THE PROVISIONS OF TITLE SIX OR ARTICLES 18 TWENTY-THREE, TWENTY-FOUR, TWENTY-FIVE, TWENTY-SIX, TWENTY-EIGHT, TWEN- 19 TY-NINE, THIRTY, THIRTY-ONE, THIRTY-TWO, AND SECTION TWELVE HUNDRED 20 TWELVE OF THIS CHAPTER OR OF ANY ORDINANCE, ORDER, RULE OR REGULATION 21 ADOPTED PURSUANT TO SECTION SIXTEEN HUNDRED THIRTY OR SIXTEEN HUNDRED 22 THIRTY-ONE OF THIS CHAPTER AND EITHER (A) SUCH PERSON WAS CONVICTED TWO 23 OR MORE TIMES WITHIN THE PREVIOUS EIGHTEEN MONTHS OF ANY SUCH PROVISION, 24 ORDINANCE, ORDER, RULE OR REGULATION OR ANY COMBINATION THEREOF NOT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02379-01-1 S. 363 2 1 ARISING FROM THE SAME INCIDENT OR (B) THE COURT HAS REASONABLE GROUNDS 2 TO BELIEVE THAT SUCH PERSON IS NOT QUALIFIED TO DRIVE A MOTOR VEHICLE, A 3 COURT MAY, IN ADDITION TO ANY OTHER PENALTY AUTHORIZED BY LAW, ISSUE AN 4 ORDER REQUIRING SUCH PERSON TO SUBMIT TO A REEXAMINATION BY THE COMMIS- 5 SIONER PURSUANT TO SECTION FIVE HUNDRED SIX OF THIS CHAPTER. 6 2. THE COURT OR THE CLERK THEREOF SHALL NOTIFY THE COMMISSIONER, WITH- 7 IN TEN DAYS OF SENTENCING, OF AN ORDER FOR REEXAMINATION, IN A MANNER 8 AND FORM PRESCRIBED BY THE COMMISSIONER. SUCH FORM SHALL CONTAIN A 9 STATEMENT BY THE COURT OF THE FACTS AND CIRCUMSTANCES THAT CAUSED THE 10 COURT TO BELIEVE THAT REEXAMINATION WAS NECESSARY. 11 3. ANY SUCH REEXAMINATION SHALL BE MADE AT THE EXPENSE OF THE PERSON 12 REQUIRED TO BE EXAMINED. 13 4. NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO SUPERSEDE THE 14 REQUIREMENTS OF ARTICLE THIRTY-ONE OR ANY OTHER PROVISION OF THIS CHAP- 15 TER THAT ARE OTHERWISE APPLICABLE TO THE SUSPENSION, REVOCATION OR 16 RESTORATION OF A DRIVER'S LICENSE. 17 S 4. This act shall take effect on the first of November next succeed- 18 ing the date on which it shall have become a law.