Expedites return of stolen motor vehicles

2 Co-sponsors

• Owen H. Johnson
• Thomas P. Morahan

Title of bill

An act to amend the penal law, in relation to the disposal of allegedly stolen motor vehicles

Purpose & summary

This bill would amend Section 450.10 of the Penal Law to provide for the expeditious return of stolen motor vehicles and motorcycles to their rightful owners and to reduce overcrowding of police storage pounds.

Justification

Presently, Section 450.10 Penal Law requires the police to hold a stolen motor vehicles for at least 48 hours after receipt by defendant's counsel of the notice of the request for its release, for the purpose of examining it. As a practical matter, the vehicle is held in a police parking area and is an invitation for vandalism or theft. Unlike other forms of evidence, the vehicle is never physically introduced into evidence but it is testimonially introduced by the owner testifying to specific identifying data. In view of this fact, there is no threat of mistaken identification. By requiring an expeditious release of the auto after evidentiary photos are taken by the police, including any specific damaged part of the auto, the complainant will be afforded the expeditious return and use of the car, the police will be relieved of the burden of storage and the defendant will have evidentiary photographs of the vehicle available upon discovery.

Legislative history

S.1662/A.2780 of 2007-08 (Passed Senate 2007, 2008) S.1138/A.5922(Passed Senate 2005 and 2006) of 2005-06; S.624 of 2003-04 (Passed Senate '03 and '04), S.1217 of 2001-02, S.2005 of 1999-00 (Passed Senate 1999 and 2000), S.4047 of 1997-98, S.2584 of 95-96, S.1852 of 93-94, S.4162 of 91-92.

Fiscal implications

None.

Effective date

First day of November next succeeding the date it shall become a law.