senate Bill S2353B

Authorizes certain cities to adjudicate traffic infractions

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 19 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 01 / Feb / 2011
    • 1ST REPORT CAL.53
  • 07 / Feb / 2011
    • 2ND REPORT CAL.
  • 08 / Feb / 2011
    • ADVANCED TO THIRD READING
  • 15 / Jun / 2011
    • HOME RULE REQUEST
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 05 / Jan / 2012
    • PRINT NUMBER 2353A
  • 18 / Jan / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 01 / May / 2012
    • 1ST REPORT CAL.660
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2012
    • AMENDED ON THIRD READING (T) 2353B
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Authorizes cities in excess of two hundred thousand but less than two hundred twenty thousand and in excess of one million to provide by local law for the adjudication of traffic infractions.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A612B
Versions:
S2353
S2353A
S2353B
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยงยง155 & 225, V & T L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1156B, A2062B
2007-2008: S3531A, A6482

Sponsor Memo

BILL NUMBER:S2353B

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to
authorizing certain cities
to adjudicate traffic infractions

PURPOSE OR GENERAL IDEA OF BILL:
This legislation would allow the city
of Buffalo the same authority offered to its surrounding suburbs to
adjudicate traffic violations. Currently, the state of New York
adjudicates all traffic violations in the city of Buffalo.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The vehicle and traffic law
is amended by adding a new paragraph (b) to section 225.

JUSTIFICATION:
The purpose of this legislation is to allow the city of
Buffalo to adjudicate traffic infractions. New York State currently
holds all hearings in Buffalo without the option of a plea bargain
system. If the City of Buffalo adjudicates traffic infractions they
will implement a system that would allow traffic violators to have an
option of a plea bargain, which could lead to traffic school. This
system would offer two benefits to Buffalo residents now currently
enjoyed by suburban residents; the violator would be allowed to
attend traffic school thus hopefully becoming a safer and better
driver and also after attending school would not receive any points
on his/her license which in turn raises his/her insurance rates. City
of Buffalo residents already pay higher insurance rates and this
system only causes these rates to increase without any of the options
that are offered in the surrounding areas.

PRIOR LEGISLATIVE HISTORY:
S.1156B Passed in 2010.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect January 1, 2014 provided
that effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act
on its effective date are authorized and directed to be made and
completed on or before such date.

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

                                 2353--B
    Cal. No. 660

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted to said committee -- reported
  favorably from said  committee  and  committed  to  the  Committee  on
  Finance  --  reported  favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN  ACT to amend the vehicle and traffic law, in relation to authorizing
  certain cities to adjudicate traffic infractions

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

  Section  1.  Section 155 of the vehicle and traffic law, as amended by
chapter 628 of the laws of 2002, is amended to read as follows:
  S 155. Traffic infraction. The violation  of  any  provision  of  this
chapter,  except  articles  forty-seven  and forty-eight, or of any law,
ordinance, order, rule or regulation regulating  traffic  which  is  not
declared  by this chapter or other law of this state to be a misdemeanor
or a felony. A traffic infraction is not  a  crime  and  the  punishment
imposed therefor shall not be deemed for any purpose a penal or criminal
punishment  and  shall not affect or impair the credibility as a witness
or otherwise of any person convicted thereof. This definition  shall  be
retroactive  and  shall  apply  to  all  acts  and violations heretofore
committed where such acts and violations would, if committed  subsequent
to  the taking effect of this section, be included within the meaning of
the term  "traffic  infraction"  as  herein  defined.  Except  in  those
portions  of  Suffolk  county for which a district court has been estab-
lished, outside of cities having a population in excess of  two  hundred
thousand  BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which administra-
tive tribunals have heretofore been established AND  OUTSIDE  OF  CITIES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04701-05-2

S. 2353--B                          2

HAVING  A  POPULATION  IN  EXCESS OF ONE MILLION IN WHICH ADMINISTRATIVE
TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, courts and judicial officers
heretofore having jurisdiction over such violations shall continue to do
so and for such purpose such violations shall be deemed misdemeanors and
all  provisions  of  law  relating to misdemeanors except as provided in
section eighteen hundred five of  this  chapter  and  except  as  herein
otherwise expressly provided shall apply except that no jury trial shall
be  allowed for traffic infractions. In those portions of Suffolk county
for which a district court has been established, and in cities having  a
population  in  excess of two hundred thousand BUT LESS THAN TWO HUNDRED
TWENTY THOUSAND in which administrative tribunals have  heretofore  been
established  AND  IN CITIES HAVING A POPULATION IN EXCESS OF ONE MILLION
IN WHICH ADMINISTRATIVE TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED,  the
criminal  courts of such cities or portions of Suffolk county in which a
district court has been established shall have jurisdiction to hear  and
determine  any  complaint  alleging  a  violation constituting a traffic
infraction, except that administrative tribunals heretofore  established
in  such  cities or portions of Suffolk county in which a district court
has been established shall have jurisdiction to hear and  determine  any
charge  of  an  offense  which  is a traffic infraction, except parking,
standing or stopping. In cities having a population  in  excess  of  two
hundred  thousand in which administrative tribunals have heretofore been
established, and any such administrative  tribunal  established  by  the
city  of  Yonkers,  the city of Peekskill, or the city of Syracuse, such
tribunals shall have jurisdiction to hear and determine any charge of an
offense which is a parking, standing or  stopping  violation.  Any  fine
imposed  by  an  administrative  tribunal  shall be a civil penalty. For
purposes of arrest without a warrant, pursuant to  article  one  hundred
forty  of  the  criminal  procedure  law,  a traffic infraction shall be
deemed an offense.
  S 2. Subdivision 1 of section 225 of the vehicle and traffic  law,  as
amended  by  chapter  173  of  the  laws  of 1990, is amended to read as
follows:
  1. Notwithstanding any inconsistent provision of law,  all  violations
of this chapter or of a law, ordinance, order, rule or regulation relat-
ing  to  traffic,  except  parking,  standing,  stopping  or  pedestrian
offenses, which occur within a city having a population of  two  hundred
thousand  or  more  BUT  LESS  THAN TWO HUNDRED TWENTY THOUSAND in which
administrative tribunals have heretofore been established, OR  WITHIN  A
CITY  HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH ADMINISTRATIVE
TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, or within  that  portion  of
Suffolk  county  for  which  a  district court has been established, and
which are classified as traffic infractions, may be heard and determined
pursuant to the regulations of the  commissioner  as  provided  in  this
article. Whenever a crime and a traffic infraction arise out of the same
transaction  or  occurrence, a charge alleging both offenses may be made
returnable before the court having jurisdiction over the crime.  Nothing
herein  provided shall be construed to prevent a court, having jurisdic-
tion over a criminal charge relating to traffic or a traffic infraction,
from lawfully entering a judgment of conviction, whether or not based on
a plea of guilty, for any offense classified as a traffic infraction.
  S 3. Pending actions and proceedings. (a) No  proceeding  involving  a
charge  of  a  traffic  infraction pending at such time when an existing
administrative tribunal shall cease to exist shall be affected or abated
by the passage of this act or by anything herein  contained  or  by  the
cessation  of  the  existence  of  any administrative tribunal. All such

S. 2353--B                          3

proceedings are hereby transferred to the court of appropriate jurisdic-
tion in the city where such traffic infractions allegedly occurred.
  (b)(i)  The  agency,  department,  office,  or person charged with the
custody of the records of an existing administrative tribunal  which  is
about  to  cease  existing  under, or in connection with, this act shall
arrange for the transfer of the records of pending  proceedings  to  the
court  of  appropriate  jurisdiction  to  which the proceedings shall be
transferred. The presiding judge of such  court  shall  enter  an  order
providing  for  adequate  notice  consistent  with due process of law to
respondents in such pending proceedings regarding the transfer  of  such
proceedings.
  (ii)  In  no  event  shall  any difficulty or delay resulting from the
transfer process, not caused by the  respondent,  increase  the  penalty
required  of the respondent appearing before the court due to a transfer
of  the  traffic  infraction  proceeding  or  otherwise  prejudice  such
respondent.  Respondents before the court due to a transfer of the traf-
fic infraction proceeding from an administrative tribunal to  the  court
that  fail  to appear shall be permitted at least one adjournment before
the penalties and procedures pursuant to subdivision 3 of section 226 of
the vehicle and traffic law shall be available. The presiding  judge  of
such court shall enter an order providing for adequate notice consistent
with  due  process of law to respondents, including notice of the penal-
ties and procedures available pursuant to subdivision 3 of  section  226
of the vehicle and traffic law.
  S  4.  This act shall take effect immediately; provided, however, that
sections one and two of this act shall be deemed to have  been  in  full
force  and effect on and after June 1, 2012, and provided, further, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date is authorized and directed to be  made  and  completed  on  or
before such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.