Bill Text: NY S02233 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates the crime of unlawfully lending a motor where a person knowingly permits operation by a person whose license has been suspended or revoked for an alcohol related offense, and provides for impoundment of a vehicle if such permittee is charged with driving while intoxicated; directs that such impoundment shall be ordered at arraignment and shall last the shorter of 30 days or the duration of the prosecution.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-18 - REFERRED TO CODES [S02233 Detail]
Download: New_York-2011-S02233-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2233 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to creating the crime of unlawful lending of a motor vehicle and to amend the vehicle and traf- fic law, in relation to impoundment 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. The penal law is amended by adding a new section 270.40 to 2 read as follows: 3 S 270.40 UNLAWFUL LENDING OF A MOTOR VEHICLE. 4 A PERSON IS GUILTY OF UNLAWFUL LENDING OF A MOTOR VEHICLE WHEN, AS 5 OWNER OF A VEHICLE, HE OR SHE KNOWINGLY PERMITS OPERATION OF SUCH VEHI- 6 CLE BY A PERSON KNOWN TO HAVE A REVOKED OR SUSPENDED LICENSE, WHERE SUCH 7 REVOCATION OR SUSPENSION RESULTED FROM A VIOLATION OF SUBDIVISION TWO, 8 TWO-A OR THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND 9 TRAFFIC LAW. 10 UNLAWFUL LENDING OF A MOTOR VEHICLE IS A CLASS A MISDEMEANOR. 11 S 2. Section 1193 of the vehicle and traffic law is amended by adding 12 a new subdivision 3 to read as follows: 13 3. VEHICLE IMPOUNDMENT PENDING PROSECUTION. (A) A COURT SHALL ORDER 14 THE IMPOUNDMENT, PENDING PROSECUTION, OF A MOTOR VEHICLE OPERATED BY A 15 PERSON CHARGED WITH A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE OF 16 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, WHERE THE OPERATOR: 17 (1) HAS BEEN CONVICTED OF A VIOLATION OF SUBDIVISION TWO, TWO-A OR 18 THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE TWO OR MORE 19 TIMES IN THE PRECEDING FIVE YEARS; OR 20 (2) IS ALLEGED TO BE OPERATING SUCH VEHICLE WITHOUT A VALID LICENSE. 21 (B) IN ORDER FOR THE COURT TO ORDER SUCH IMPOUNDMENT IT MUST FIND: 22 (1) THAT THE ACCUSATORY INSTRUMENT CONFORMS TO THE REQUIREMENTS OF 23 SECTION 100.40 OF THE CRIMINAL PROCEDURE LAW; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07057-01-1 S. 2233 2 1 (2) THAT THERE EXISTS REASONABLE CAUSE TO BELIEVE THAT THE ACCUSED 2 OPERATED A MOTOR VEHICLE WHILE SUCH HOLDER HAD .08 OF ONE PERCENT OR 3 MORE BY WEIGHT OF ALCOHOL IN HIS OR HER BLOOD AS WAS SHOWN BY CHEMICAL 4 ANALYSIS OF SUCH PERSON'S BLOOD, URINE OR SALIVA, MADE PURSUANT TO THE 5 PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE; AND 6 (3) THAT THE ACCUSED HAS EITHER (I) BEEN CONVICTED OF A VIOLATION OF 7 SUBDIVISION TWO, TWO-A OR THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF 8 THIS ARTICLE TWO OR MORE TIMES IN THE PRECEDING FIVE YEARS OR (II) DOES 9 NOT HOLD A VALID LICENSE TO OPERATE A VEHICLE. 10 (C) AT THE TIME OF SUCH VEHICLE IMPOUNDMENT, THE OPERATOR SHALL BE 11 ENTITLED TO AN OPPORTUNITY TO MAKE A STATEMENT REGARDING THE COURT'S 12 FINDINGS UNDER PARAGRAPH (B) OF THIS SUBDIVISION AND TO PRESENT EVIDENCE 13 TENDING TO REBUT THE COURT'S FINDINGS. 14 (D) THE IMPOUNDMENT OCCURRING UNDER THIS SECTION SHALL BE ORDERED NO 15 LATER THAN AT THE CONCLUSION OF ALL PROCEEDINGS REQUIRED FOR THE 16 ARRAIGNMENT; PROVIDED HOWEVER, THAT IF THE RESULTS OF ANY TEST ADMINIS- 17 TERED PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE ARE 18 NOT AVAILABLE WITHIN SUCH TIME PERIOD, THE COMPLAINANT POLICE OFFICER OR 19 OTHER PUBLIC SERVANT SHALL TRANSMIT SUCH RESULTS TO THE COURT AT THE 20 TIME THEY BECOME AVAILABLE, AND THE COURT SHALL, AS SOON AS PRACTICABLE 21 FOLLOWING THE RECEIPT OF SUCH RESULTS AND IN COMPLIANCE WITH THE 22 REQUIREMENTS OF THIS SUBDIVISION, ORDER SUCH VEHICLE IMPOUNDED. 23 (E) IMPOUNDMENT SHALL CONTINUE FOR THIRTY DAYS OR UNTIL THE PROSE- 24 CUTION HAS CONCLUDED, WHICHEVER COMES FIRST, AND ALL COSTS RELATED TO 25 SUCH IMPOUNDMENT AND SUBSEQUENT STORAGE SHALL BE BORNE BY THE OPERATOR; 26 PROVIDED, HOWEVER, THAT THE COURT MAY ORDER THE VEHICLE RETURNED TO ITS 27 OWNER AT ANY TIME WHERE THE OWNER PETITIONS THE COURT TO ORDER THE VEHI- 28 CLE'S RELEASE, SO LONG AS: 29 (1) THE PETITIONER IS NOT THE OPERATOR CHARGED WITH A VIOLATION OF 30 SUBDIVISION TWO, TWO-A OR THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF 31 THIS ARTICLE, 32 (2) THE PETITIONER IS NOT CHARGED WITH A VIOLATION OF SECTION 270.40 33 OF THE PENAL LAW, AND 34 (3) ALL COSTS RELATED TO THE VEHICLE'S IMPOUNDMENT AND STORAGE HAVE 35 BEEN PAID. 36 (F) IF ANY IMPOUNDMENT ORDERED UNDER THIS SUBDIVISION HAS BEEN IN 37 EFFECT FOR A PERIOD OF THIRTY DAYS, THE COURT MUST ORDER THE VEHICLE 38 RETURNED TO ITS OWNER, PROVIDED THAT THE OWNER HAS PAID ALL COSTS 39 RELATED TO THE IMPOUNDMENT AND SUBSEQUENT STORAGE OF THE VEHICLE. 40 S 3. This act shall take effect on the first of November next succeed- 41 ing the date on which it shall have become a law, and shall apply to 42 offenses committed on or after such date.