Assembly Bill A3702A

Vetoed By Governor
2013-2014 Legislative Session

Authorizes certain cities to adjudicate traffic infractions

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Sponsored By

Archive: Last Bill Status Via S870 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A3702 - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §225, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2062
2011-2012: A612

2013-A3702 - Summary

Authorizes the city of Buffalo to provide by local law for the adjudication of traffic infractions.

2013-A3702 - Bill Text download pdf

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

                                  3702

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES, GABRYSZAK -- Multi-Sponsored by
  -- M. of A. BOYLAND, COLTON, RIVERA -- read once and referred  to  the
  Committee on Transportation

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04104-01-3
              

co-Sponsors

multi-Sponsors

2013-A3702A - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §225, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2062
2011-2012: A612

2013-A3702A - Summary

Authorizes the city of Buffalo to provide by local law for the adjudication of traffic infractions.

2013-A3702A - Bill Text download pdf

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

                                 3702--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of A. PEOPLES-STOKES, GABRYSZAK, RYAN -- Multi-Spon-
  sored by -- M. of A. BOYLAND, COLTON, RIVERA -- read once and referred
  to the Committee  on  Transportation  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the vehicle and traffic law, in  relation  to  directing
  the city of Buffalo to adjudicate traffic infractions

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

  Section 1.  Subdivision 1 of section 225 of the  vehicle  and  traffic
law,  as  amended by chapter 388 of the laws of 2012, is amended to read
as follows:
  1.  (A)  Notwithstanding  any  inconsistent  provision  of  law,   all
violations  of this chapter or of a law, ordinance, order, rule or regu-
lation relating to traffic, except parking, standing, stopping or pedes-
trian offenses, which occur within a city having  a  population  of  two
hundred  thousand or more in which administrative tribunals have hereto-
fore been established, and which are classified as traffic  infractions,
may  be  heard and determined pursuant to the regulations of the commis-
sioner as provided in this article.
  (B) FOR PURPOSES OF THIS ARTICLE WITH REGARD TO  THE  ADJUDICATION  OF
ANY  VIOLATION  OF  THIS  CHAPTER OR OF A LAW, ORDINANCE, ORDER, RULE OR
REGULATION RELATING TO TRAFFIC, WHICH IS CLASSIFIED AS A TRAFFIC INFRAC-
TION, IN THE CITY OF BUFFALO, PARAGRAPH (A)  OF THIS  SUBDIVISION  SHALL
NOT  APPLY.    NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF A GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, THE CITY OF BUFFALO SHALL  PROVIDE
BY LOCAL LAW FOR THE ADMINISTRATIVE ADJUDICATION OF TRAFFIC INFRACTIONS.
  (C)  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04104-05-3
              

co-Sponsors

multi-Sponsors

2013-A3702B - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §225, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2062
2011-2012: A612

2013-A3702B - Summary

Authorizes the city of Buffalo to provide by local law for the adjudication of traffic infractions.

2013-A3702B - Bill Text download pdf

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

                                 3702--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of A. PEOPLES-STOKES, GABRYSZAK, RYAN -- Multi-Spon-
  sored by -- M. of A. BOYLAND, COLTON, RIVERA -- read once and referred
  to the Committee  on  Transportation  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the vehicle and traffic law, in relation to directing
  the city of Buffalo to adjudicate traffic infractions

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

  Section  1.    Subdivision 1 of section 225 of the vehicle and traffic
law, as amended by chapter 388 of the laws of 2012, is amended  to  read
as follows:
  1.   (A)  Notwithstanding  any  inconsistent  provision  of  law,  all
violations of this chapter or of a law, ordinance, order, rule or  regu-
lation relating to traffic, except parking, standing, stopping or pedes-
trian  offenses,  which  occur  within a city having a population of two
hundred thousand or more in which administrative tribunals have  hereto-
fore  been established, and which are classified as traffic infractions,
may be heard and determined pursuant to the regulations of  the  commis-
sioner as provided in this article.
  (B)  FOR  PURPOSES  OF THIS ARTICLE WITH REGARD TO THE ADJUDICATION OF
ANY VIOLATION OF THIS CHAPTER OR OF A LAW,  ORDINANCE,  ORDER,  RULE  OR
REGULATION RELATING TO TRAFFIC, WHICH IS CLASSIFIED AS A TRAFFIC INFRAC-
TION,  IN  THE CITY OF BUFFALO, PARAGRAPH (A)  OF THIS SUBDIVISION SHALL
NOT APPLY.   NOTWITHSTANDING ANY INCONSISTENT PROVISION  OF  A  GENERAL,
SPECIAL  OR LOCAL LAW TO THE CONTRARY, THE CITY OF BUFFALO SHALL PROVIDE
BY LOCAL LAW FOR THE ADMINISTRATIVE ADJUDICATION OF TRAFFIC INFRACTIONS.
  (C) 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04104-07-3
              

co-Sponsors

multi-Sponsors

2013-A3702C (ACTIVE) - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §225, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2062
2011-2012: A612

2013-A3702C (ACTIVE) - Summary

Authorizes the city of Buffalo to provide by local law for the adjudication of traffic infractions.

2013-A3702C (ACTIVE) - Bill Text download pdf

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

                                 3702--C

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by M. of A. PEOPLES-STOKES, RYAN -- Multi-Sponsored by -- M.
  of A. COLTON, RIVERA -- read once and referred  to  the  Committee  on
  Transportation   --   committee   discharged,  bill  amended,  ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee on Transportation in accordance with Assembly Rule 3, sec. 2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in  relation  to  directing
  the city of Buffalo 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.
                                                           LBD04104-08-4
              

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