Bill Text: NY S07282 | 2021-2022 | General Assembly | Introduced
Bill Title: Authorizes the impoundment of vehicles operated by intoxicated or impaired persons; authorizes the release of impounded vehicles to owners of such vehicles if certain criteria is met; authorizes a reasonable fee for towing and storage of such vehicles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO TRANSPORTATION [S07282 Detail]
Download: New_York-2021-S07282-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7282 2021-2022 Regular Sessions IN SENATE July 9, 2021 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the vehicle and traffic law, in relation to the impound- ment of vehicles operated by intoxicated and or impaired persons The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1194 of the vehicle and traffic law is amended by 2 adding a new subdivision 5 to read as follows: 3 5. Impoundment of vehicle operated by arrestee; conditions of release; 4 fee for towing storage. (a) Whenever a person has been arrested for a 5 violation of subdivision one, two, two-a, three, four or four-a of 6 section eleven hundred ninety-two of this article, the law enforcement 7 agency shall impound the vehicle that the arrestee was operating at the 8 time of the arrest. 9 (b) A vehicle impoundment pursuant to this subdivision shall be 10 impounded until the following conditions for the release of such vehicle 11 are met: 12 (1) with respect to the release of the vehicle to the arrestee, for a 13 period of not less than twelve hours from the time of the arrest; 14 (2) with respect to the release of the vehicle to a person other than 15 the arrestee, where such vehicle is owned or leased by: 16 (A) that person and that person meets the conditions set forth in 17 subparagraph three of this paragraph; or 18 (B) the arrestee, and the arrestee is at least eighteen years old or 19 emancipated, and the arrestee gives written permission in a form and 20 manner established by the commissioner, to another person to operate 21 such vehicle, and such person meets the conditions for release as set 22 forth in subparagraph three of this paragraph; or 23 (C) the arrestee, and the arrestee is under the age of eighteen and 24 unemancipated, the vehicle may be released to the parent or legal guard- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00158-01-1S. 7282 2 1 ian of the arrestee and such person meets the conditions for release set 2 forth in subparagraph three of this paragraph. 3 (3) A vehicle impounded pursuant to this subdivision shall not be 4 released unless the person claiming the vehicle: 5 (A) presents a valid operator's license, proof of ownership or lawful 6 authority to operate the motor vehicle, and proof of valid motor vehicle 7 insurance for such vehicle; 8 (B) would not be in violation of subdivision one, two, two-a, three, 9 four, four-a, five or six of section eleven hundred ninety-two or 10 section eleven hundred ninety-two-a of this article in connection with 11 the operation of such vehicle and is otherwise able to operate the vehi- 12 cle in a safe manner; and 13 (C) meets any other reasonable conditions for the release established 14 by the arresting law enforcement agency. 15 (c) A law enforcement agency that impounds a vehicle pursuant to this 16 subdivision, or any duly authorized agent acting on behalf or upon the 17 request of such law enforcement agency, is authorized to charge a 18 reasonable fee for towing and storage of the vehicle. The law enforce- 19 ment agency or its duly authorized agent, is further authorized to 20 retain custody of the vehicle until such fee is paid. 21 (d) Nothing contained in this subdivision shall prevent or supersede a 22 court of competent jurisdiction from exercising its authority in 23 connection with the release of a vehicle impounded pursuant to this 24 subdivision. 25 (e) Nothing in this subdivision shall be deemed to prevent a law 26 enforcement agency from exercising its discretion pursuant to section 27 140.20 of the criminal procedure law with respect to the release of 28 persons who may represent a danger to themselves or others. 29 § 2. This act shall take effect on the first of November next succeed- 30 ing the date on which it shall have become a law.
