Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2010 |
referred to codes |
Jun 19, 2009 |
referred to rules |
Senate Bill S5961
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S5961 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7960
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยง30.30, CP L
- Versions Introduced in 2011-2012 Legislative Session:
-
S4470, A7390
2009-S5961 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5961 TITLE OF BILL : An act to amend the criminal procedure law, in relation to the speedy trial of certain traffic infractions This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure. This measure would amend the Criminal Procedure Law to authorize a court to dismiss any traffic infraction that remains as the sole charge in an accusatory instrument the other charges of which were dismissed pursuant to CPL 30.30. Traffic infractions do not fall within the offenses for which CPL. 30.30 provisions apply (see People v Gonzalez, 168 Misc.2d 136 (App Term 1st Dept 1996)). As noted in the Commentary to CPL 30.30, speedy trial provisions do not apply to traffic infractions because CPL 30.30(1)(d) specifically applies to "offenses," and a traffic infraction is only a "petty offense." In practice, especially in DWI cases, a prosecutor will often charge a defendant with misdemeanor or felony criminal charges (i.e., VTL 1192 (2)) as well as a lesser included traffic infraction (VTL 1192(1)).
2009-S5961 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5961 2009-2010 Regular Sessions I N S E N A T E June 19, 2009 ___________ Introduced by Sen. SCHNEIDERMAN -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the criminal procedure law, in relation to the speedy trial of certain traffic infractions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 30.30 of the criminal procedure law is amended by adding a new paragraph (d) to read as follows: (D) WHERE A MOTION TO DISMISS ALL OFFENSES CHARGED IN AN ACCUSATORY INSTRUMENT MUST BE GRANTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AND SUCH ACCUSATORY INSTRUMENT CHARGES ONE OR MORE TRAFFIC INFRACTIONS, SUCH TRAFFIC INFRACTION OR INFRACTIONS SHALL ALSO BE DISMISSED. S 2. 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 criminal actions commenced on or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10095-01-9
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