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NY S07853
Bill
Status
10/3/2012
Primary Sponsor
Tony Avella
Click for details
AI Summary
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Authorizes seizure and forfeiture of trucks, tractors, or tractor-trailer combinations exceeding 10,000 pounds gross weight upon a third conviction for violating local truck route laws within an 18-month period
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Requires prosecuting authority to commence forfeiture proceedings in Supreme Court within 20 days of receiving written demand from vehicle owner, with seized vehicles held in custody pending final determination
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Permits vehicle release when prosecution is terminated in the owner's favor, owner provides proof of registration and financial security, removal and storage costs are paid, and vehicle is released as evidence (absent for stolen or short-term rental vehicles)
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Protects security interest holders from forfeiture if they prove lack of knowledge of illegal use or lack of consent, and establishes affirmative defenses for innocent owners and lienholders
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Requires public sale of forfeited vehicles with net proceeds paid to the municipality's general fund, or to State Police Seized Assets Account for vehicles seized by state police
Legislative Description
Provides for forfeiture of a truck, tractor and/or tractor-trailer combination if a driver thereof has been convicted of three violations of a designated system of truck routes within eighteen months.
Last Action
REFERRED TO RULES
10/3/2012