Assembly Bill A7959

2009-2010 Legislative Session

Relates to the filing of a special information alleging previous convictions involving certain traffic offenses

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Archive: Last Bill Status - In Assembly 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

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2009-A7959 (ACTIVE) - Details

See Senate Version of this Bill:
S5495
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §200.60, CP L

2009-A7959 (ACTIVE) - Summary

Relates to the filing of a special information alleging previous convictions involving certain traffic offenses.

2009-A7959 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7959

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2009
                               ___________

Introduced  by  M.  of  A.  LENTOL -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to the filing of
  a special information alleging previous convictions involving  certain
  traffic offenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 200.60 of the  criminal  procedure
law is renumbered subdivision 5 and a new subdivision 4 is added to read
as follows:
  4.  WHERE  THE  COURT INFORMS THE PARTIES THAT IT WILL SUBMIT A LESSER
INCLUDED  OFFENSE  THAT,  SOLELY  BECAUSE  OF  THE   DEFENDANT'S   PRIOR
CONVICTIONS, WOULD RAISE THE LESSER OFFENSE FROM A TRAFFIC INFRACTION TO
A  MISDEMEANOR,  THE  PEOPLE  MAY  THEREAFTER FILE A SPECIAL INFORMATION
PURSUANT  TO  THIS  SECTION.  IF  THE  DEFENDANT  ADMITS  THE   PREVIOUS
CONVICTION,  THAT ELEMENT OF THE OFFENSE SHALL BE DEEMED ESTABLISHED, NO
EVIDENCE IN SUPPORT THEREOF MAY BE ADDUCED BY THE PEOPLE, AND THE  COURT
MUST SUBMIT THE CASE TO THE JURY WITHOUT REFERENCE THERETO AND AS IF THE
FACT  OF THE PREVIOUS CONVICTION WERE NOT AN ELEMENT OF THE OFFENSE. THE
COURT MAY NOT SUBMIT TO THE JURY ANY LESSER-INCLUDED  OFFENSE  WHICH  IS
DISTINGUISHED  FROM THE OFFENSE CHARGED SOLELY BY THE FACT THAT A PREVI-
OUS CONVICTION IS NOT AN ELEMENT THEREOF.  IF  THE  DEFENDANT  DOES  NOT
ADMIT THE PREVIOUS CONVICTION, THE COURT MUST ALLOW THE PEOPLE AN OPPOR-
TUNITY  TO  PROVE  THE  PREVIOUS CONVICTION BEFORE THE JURY AS A PART OF
THEIR CASE.
  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 all
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.
                                                           LBD10111-01-9

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