New York A 4890: Relates to prompt payments to counties by the state

Bill Text

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A04890 Summary:

BILL NOA04890 

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SAME ASNo Same As

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SPONSORPretlow

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COSPNSR

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MLTSPNSR

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Amd §§1310 & 1311, CPLR; amd §§1193 & 401, V & T L

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Requires forfeiture of vehicles for six months for a second DWI offense and permanent forfeiture and registration denial for the third DWI offense; prohibits the issuance of a new license where there are two DWI convictions where physical injury has resulted from each offense.

Go to top A04890 Actions:

BILL NOA04890 

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02/10/2025referred to codes

01/07/2026referred to codes

Go to topA04890 Committee&nbspVotes:

Go to topA04890 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04890 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4890

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 10, 2025
 ___________

 Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
 tee on Codes

 AN ACT to amend the civil practice law and rules, in relation to the
 seizure of vehicles after driving while intoxicated convictions; and
 to amend the vehicle and traffic law, in relation to the revocation of
 licenses for driving while intoxicated offenses and the denial of
 vehicle registration after three driving while intoxicated offenses

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 1310 of the civil practice law and rules is amended
 2 by adding a new subdivision 15 to read as follows:
 3 15. "Intoxication offense" means a conviction for a violation of
 4 subdivision two, two-a or three of section eleven hundred ninety-two of
 5 the vehicle and traffic law.
 6 § 2. Subdivision 1 of section 1311 of the civil practice law and rules
 7 is amended by adding a new paragraph (c) to read as follows:
 8 (c) Actions relating to intoxication offenses. An action relating to
 9 an intoxication offense must be grounded upon a conviction of an intoxi-
 10 cated offense, as provided for by this paragraph. If a defendant has
 11 been convicted of such defendant's second intoxication offense, any and
 12 all vehicles registered to such defendant shall be forfeited for a peri-
 13 od of six months. If such vehicle is also used by a member of the
 14 defendant's household, the household member shall post a bond of not
 15 less than one thousand dollars to be surrendered in the event that the
 16 defendant is found to be driving such vehicle. If a defendant has been
 17 convicted of such defendant's third intoxication offense, any and all
 18 vehicles registered to such defendant shall be forfeited and notwith-
 19 standing the provisions of section thirteen hundred forty-nine of this
 20 article, such vehicle or vehicles shall be sold with the proceeds of
 21 such sale going to the county of jurisdiction's driving while intoxicat-
 22 ed program.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07647-01-5

 A. 4890 2

 1 § 3. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
 2 traffic law, as amended by chapter 312 of the laws of 1994 and subpara-
 3 graph 3 as amended by chapter 732 of the laws of 2006, is amended to
 4 read as follows:
 5 (c) Reissuance of licenses; restrictions. (1) Except as otherwise
 6 provided in this paragraph, where a license is revoked pursuant to para-
 7 graph (b) of this subdivision, no new license shall be issued after the
 8 expiration of the minimum period specified in such paragraph, except in
 9 the discretion of the commissioner.
 10 (2) Where a license is revoked pursuant to subparagraph two, three or
 11 eight of paragraph (b) of this subdivision for a violation of subdivi-
 12 sion four of section eleven hundred ninety-two of this article, and
 13 where the individual does not have a driver's license or the individ-
 14 ual's license was suspended at the time of conviction or youthful offen-
 15 der or other juvenile adjudication, the commissioner shall not issue a
 16 new license nor restore the former license for a period of six months
 17 after such individual would otherwise have become eligible to obtain a
 18 new license or to have the former license restored; provided, however,
 19 th