New York S 1240: Authorizes the impoundment of vehicles operated by intoxicated or impaired persons

Bill Text

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S01240 Summary:

BILL NOS01240 

&nbsp

SAME ASSAME AS A06802

&nbsp

SPONSORADDABBO

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §1194, V & T L

&nbsp

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.

Go to top S01240 Actions:

BILL NOS01240 

&nbsp

01/08/2025REFERRED TO TRANSPORTATION

01/07/2026REFERRED TO TRANSPORTATION

Go to topS01240 Committee&nbspVotes:

Go to topS01240 Floor&nbspVotes:

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

Go to topS01240 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1240

 2025-2026 Regular Sessions

 IN SENATE

 January 8, 2025
 ___________

 Introduced by Sen. ADDABBO -- 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 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.
 LBD02420-01-5

 S. 1240 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 e