S 2380: Disallows the suspension or revocation of a domestic violence victim's driver's license or registration for non-payment or lapse of insurance coverage upon a proper showing of current insurance and a court order or attorney affirmation that such individual is in fact a victim of domestic violence.

  
  STATE OF NEW YORK ________________________________________________________________________ 2380 2025-2026 Regular Sessions  IN SENATE January 16, 2025 ___________ Introduced by Sen. MATTERA -- 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 disallowing suspension or revocation of a domestic violence victim's driver's license or registration for non-payment or lapse of insurance coverage The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 318 of the vehicle and traffic law is amended by 2 adding a new subdivision 16 to read as follows: 3 16. (a) Subject to the provisions of paragraph (b) of this subdivi- 4 sion, no revocation or suspension order shall be issued pursuant to this 5 section, or if such revocation or suspension order has been issued, it 6 shall be terminated upon a proper showing of current effective financial 7 security, if the commissioner shall determine that the person involved 8 is a victim of domestic violence and was not aware of the fact that 9 financial security was not in effect due to non-payment or lapse of 10 coverage and the failure to have such financial security in effect was 11 caused solely by the negligence or malfeasance of a person other than 12 such victim. 13 (b) The burden of proving lack of knowledge that financial security 14 was not in effect and that such failure resulted solely from the negli- 15 gence or malfeasance of another shall be upon the person seeking to 16 avoid revocation or suspension action. Such facts shall be established 17 by clear and convincing evidence, either by the submission of affida- 18 vits, a court order, or at a hearing called in the discretion of the 19 commissioner. 20 (c) A determination by the commissioner that the person seeking to 21 avoid revocation or suspension action for failure to have financial 22 security in effect as a result of being a victim of domestic violence 23 shall relieve such victim of the penalties and disabilities provided in 24 this article. 25 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06419-01-5