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S6342Senate2009-2010 SessionSame asA10208

Provides that sex offender registrants may not receive a commercial driver's license

Sponsor Brian X. FoleySD-3Affects Transportation
Status
In Senate Committee
Transportation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Transportation

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Who cares

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Sponsors

Primary sponsor
Brian X. Foley

Senator · Senate District 3

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A10208Assembly

Provides that sex offender registrants may not receive a commercial driver's license

In Assembly Committee · Transportation · Sponsor Francine DelMonte

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law and the penal law, in relation to restrictions on commercial driver's licenses

Purpose or general idea

To prevent a registered sex offender from obtaining a commercial driver's license.

Summary of provisions

Section 1 adds a new section 501-c to the vehicle and traffic law which prevents the Department of Motor Vehicles from issuing or renewing a commercial drivers license to any person who is required to register as a sex offender. This section also disqualifies an individual who is registered as a sex offender from driving a commercial vehicle or school bus. This section also requires the Department of Motor Vehicles to not issue a commercial drivers license until it has searched both the statewide registry as well as the National Sex Offender Public Registry. If the Department is unable to access either of these registries the department shall require the individual to sign an affidavit stating their name does not appear on either registry, after such affidavit is signed the individual shall be issued a commercial driver's license. The Department shall then search the database and if they find the individuals name the person shall be in violation of this section. Section 1 also states that an individual who is disqualified from receiving a commercial drivers license under this section shall have a right to file a petition within thirty days with the Supreme Court of the county where they reside. This section makes it a class E felony to make a false affidavit, or knowingly swear or affirm falsely. This section makes it a class D felony to violate the other provisions of this section.

Section 2 amends the vehicle and traffic law by adding a new section 510-d which states that the Department of Motor Vehicles shall revoke the commercial drivers license of any person convicted as a sex offender on or after June 1, 2010.

Section 3 states that is unlawful for any person who is registered as sex offender to drive a school bus or commercial vehicle and that such crime is a class D felony.

Section 4 is the effective date.

Justification

Holding a commercial drivers' license is a privilege that should not be extended to registered sex offenders. By not allowing sex offenders from holding a commercial drivers license we are protecting the public from these individuals. Individuals who hold a commercial drivers license often travel as a large part of their job, this travel makes them sometimes difficult to keep track of and allows them the ability to have incidents of recidivism in various parts of the State and Nation.

Legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.