S T A T E   O F   N E W   Y O R K
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                                  1027

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic  law,  in  relation  to  certain
  pleas of guilty to be recorded on a driver's record

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of subdivision (h) of section 1180 of
the vehicle and traffic law, as amended by chapter 173 of  the  laws  of
1990, is amended to read as follows:
  Upon a conviction for a violation of subdivision (b), (c), (d), (f) or
(g)  of  this  section,  the court shall record the speed upon which the
conviction was based on the certificate required to be  filed  with  the
commissioner  pursuant to section five hundred fourteen of this chapter,
or if the conviction occurs in an  administrative  tribunal  established
pursuant  to  article  two-A  of  this chapter, the speed upon which the
conviction was based shall be entered in the department's records.  WHEN
THE CHARGE LAID BEFORE THE COURT, OR ADMINISTRATIVE TRIBUNAL ESTABLISHED
PURSUANT TO ARTICLE TWO-A OF THIS CHAPTER, ALLEGES A VIOLATION OF SUBDI-
VISION  (B),  (C), (D), (F) OR (G) OF THIS SECTION, AND WHEN ANY PLEA OF
GUILTY IS ENTERED IN SATISFACTION OF SUCH CHARGE THE COURT  OR  TRIBUNAL
SHALL  RECORD  THE FACT THAT SUCH CONVICTION AROSE FROM A PLEA OF GUILTY
IN SATISFACTION OF SUCH CHARGE AND THE CHARGE  WHICH  WAS  SATISFIED  BY
SUCH  PLEA ON THE CERTIFICATE REQUIRED TO BE FILED WITH THE COMMISSIONER
PURSUANT TO SECTION FIVE HUNDRED FOURTEEN  OF  THIS  CHAPTER;  PROVIDED,
HOWEVER,  THAT  THE  COURT OR TRIBUNAL, UPON A FINDING THAT THE FACTS OF
THE CASE WOULD NOT WARRANT A CHARGE FOR SUCH OFFENSE,  MAY  DIRECT  THAT
SUCH  CERTIFICATE ONLY REFLECT THE CHARGE TO WHICH SUCH PLEA WAS ENTERED
AND SHALL SET FORTH UPON THE RECORD THE REASONS FOR SUCH FINDING.
  S 2. Section 354 of the vehicle and traffic law, as amended by chapter
61 of the laws of 1989, is amended to read as follows:

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

                                                           LBD04333-01-3

A. 1027                             2

  S 354. Commissioner to  furnish  operating  record.  The  commissioner
shall  upon  request  furnish  any  insurance  carrier  or any person an
abstract of the operating record of any person subject to the provisions
of this  article,  which  abstract  shall  include  enumeration  of  any
convictions  of such person of a violation of any provision of any stat-
ute relating to the operation of a motor vehicle, INCLUDING, SUCH INFOR-
MATION REQUIRED TO BE REPORTED TO THE COMMISSIONER PURSUANT TO  SUBDIVI-
SION  (H)  OF  SECTION  ELEVEN  HUNDRED  EIGHTY  OF  THIS CHAPTER or any
accidents in which a motor  vehicle  driven  by  such  person  has  been
involved  during  the current calendar year and the three calendar years
preceding that in which the request for the operating record is received
and if specifically requested shall also fully designate the motor vehi-
cles, if any, registered in the name of such person and the name of  the
insurer  insuring such motor vehicle, for the registration year in which
the request for the operating record  is  received.  A  request  for  an
abstract  of  an  operating record shall be subject to the provisions of
section two hundred two of this chapter.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law and shall apply to  all
offenses committed on or after such effective date. Effective immediate-
ly the addition, amendment or repeal of any rule or regulation necessary
for  the  implementation of this act on its effective date is authorized
and to be made on or before such date.