Bill Text: NY S01338 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that ownership of unidentifiable part in identifiable motorcycle, other than a stolen motorcycle shall be returned to such owner, provided that department has made findings such owner had no knowledge part was unidentifiable and that owner wasn't responsible nor acted in concert to render such part unidentifiable; provides that a department investigation shall take place within thirty days after seizure of motorcycle; and requires commissioner to establish criteria to determine whether motorcycle shall be confiscated, seized or impounded and also to establish a system to ensure return of motorcycles to owners in undamaged condition.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S01338 Detail]

Download: New_York-2011-S01338-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1338
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 6, 2011
                                      ___________
       Introduced  by  Sens.  DILAN,  DIAZ,  HASSELL-THOMPSON -- 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 the transfer
         of motorcycles having parts with unidentifiable identification numbers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 423-a of the vehicle  and  traffic
    2  law,  as added by chapter 976 of the laws of 1981, is amended to read as
    3  follows:
    4    2. Assignment of a new identification number AND RETURN OF MOTOR VEHI-
    5  CLE, TRAILER OR PART TO OWNER.   If  a  person  other  than  the  person
    6  arrested  be  the  owner,  the  motor  vehicle, trailer or part shall be
    7  returned to him OR HER as soon as he OR SHE has  arranged  to  have  the
    8  department  of  motor  vehicles  affix a new number, or in the case of a
    9  part, inspect such part, and the department has done so, as provided  in
   10  section four hundred twenty-two of this [chapter] ARTICLE.  Prior to the
   11  return of the motor vehicle, trailer or part, or the transfer of custody
   12  of  said  motor  vehicle,  trailer  or part, the arresting officer shall
   13  transmit notice of the arrest to the commissioner.
   14    S 2. Subdivision 3 of section 423-a of the vehicle and traffic law  is
   15  amended by adding a new paragraph (d) to read as follows:
   16    (D)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, OWNERSHIP OF
   17  AN UNIDENTIFIABLE PART IN AN OTHERWISE  IDENTIFIABLE  MOTORCYCLE,  OTHER
   18  THAN  A STOLEN MOTORCYCLE, HELD BY THE DEPARTMENT OR BY A POLICE DEPART-
   19  MENT SHALL BE TRANSFERRED TO THE OWNER OF SUCH MOTORCYCLE  UPON  HIS  OR
   20  HER  REQUEST, PROVIDED THAT THE DEPARTMENT OR POLICE DEPARTMENT MAKES AN
   21  INVESTIGATION AND, IF APPROPRIATE, HOLDS A HEARING AND FINDS  THAT  SUCH
   22  OWNER  HAD  NO  KNOWLEDGE THAT THE PART WAS UNIDENTIFIABLE AND THAT SUCH
   23  OWNER WAS NEITHER RESPONSIBLE FOR RENDERING SUCH PART UNIDENTIFIABLE NOR
   24  ACTING IN CONCERT WITH ANY PERSON WHO RENDERED OR HAD SUCH PART RENDERED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02676-01-1
       S. 1338                             2
    1  UNIDENTIFIABLE. SUCH TRANSFER SHALL BE MADE WITHOUT  ANY  PAYMENT  BEING
    2  MADE  TO  THE  DEPARTMENT OR POLICE DEPARTMENT PROVIDED THAT THE DEPART-
    3  MENT'S OR POLICE DEPARTMENT'S INVESTIGATION RESULTS IN  A  FINDING  THAT
    4  THE  PERSON HAS BEEN THE OWNER OF THE MOTORCYCLE WITH THE UNIDENTIFIABLE
    5  PART CONTAINED THEREIN FOR A PERIOD OF AT LEAST  EIGHTEEN  MONTHS.  SUCH
    6  INVESTIGATION  SHALL  BE MADE BY THE DEPARTMENT OR THE POLICE DEPARTMENT
    7  WITHIN THIRTY DAYS OF THE REQUEST OF SUCH OWNER FOR THE RETURN  OF  SUCH
    8  UNIDENTIFIABLE  PART.  IF  THE OWNER OF SUCH MOTORCYCLE CANNOT BE ASCER-
    9  TAINED, OR IF THE OWNER OR CUSTODIAN IS ARRESTED AND  CONVICTED  OF  THE
   10  THEFT  OR UNLAWFUL POSSESSION OF SUCH MOTORCYCLE, SUCH A TRANSFER MAY BE
   11  MADE TO A PERSON ENGAGED IN THE BUSINESS  OF  BUYING  OR  SELLING  MOTOR
   12  VEHICLES,  TRAILERS OR PARTS WHO IS SUBJECT TO THE PRESUMPTION IN SUBDI-
   13  VISION ONE OF SECTION FOUR HUNDRED TWENTY-ONE OF THIS ARTICLE, ONLY UPON
   14  PAYMENT TO THE DEPARTMENT OR TO THE POLICE DEPARTMENT OF AN AMOUNT EQUAL
   15  TO THE REASONABLE WHOLESALE VALUE OF THE PART. PROCEEDS FROM THE  TRANS-
   16  FER OF ANY SUCH PART SHALL BE PAID INTO THE GENERAL FUND OF THE STATE IF
   17  TRANSFERRED  BY  THE DEPARTMENT OR THE DIVISION OF STATE POLICE, OR INTO
   18  THE GENERAL FUND OF THE APPROPRIATE LOCAL AUTHORITY, IF TRANSFERRED BY A
   19  LOCAL POLICE DEPARTMENT. NO SUCH PART SHALL BE TRANSFERRED  PURSUANT  TO
   20  THIS PARAGRAPH UNTIL A SPECIAL IDENTIFICATION NUMBER HAS BEEN AFFIXED TO
   21  SUCH  PART  AND  THE  APPROPRIATE  FEE HAS BEEN PAID BY THE OWNER OF THE
   22  MOTORCYCLE.
   23    S 3. This act shall take effect on the one hundred twentieth day after
   24  it shall have become a law.