senate Bill S870C

Vetoed

Authorizes certain cities to adjudicate traffic infractions

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 28 / Feb / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 17 / Apr / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 17 / Apr / 2013
    • PRINT NUMBER 870A
  • 11 / Jun / 2013
    • REPORTED AND COMMITTED TO RULES
  • 09 / Oct / 2013
    • AMEND AND RECOMMIT TO RULES
  • 09 / Oct / 2013
    • PRINT NUMBER 870B
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 29 / Apr / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 02 / Jun / 2014
    • 1ST REPORT CAL.1059
  • 03 / Jun / 2014
    • AMENDED 870C
  • 03 / Jun / 2014
    • 2ND REPORT CAL.
  • 09 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2014
    • HOME RULE REQUEST
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A3702C
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.537
  • 19 / Jun / 2014
    • HOME RULE REQUEST
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 30 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 29 / Jan / 2015
    • POCKET VETO - VETO.587

Summary

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

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Bill Details

See Assembly Version of this Bill:
A3702C
Versions:
S870
S870A
S870B
S870C
Legislative Cycle:
2013-2014
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยงยง155 & 225, V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2353B, A612B
2009-2010: S1156B, A2062B
2007-2008: S3531A, A6482

Sponsor Memo

BILL NUMBER:S870C

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to directing the city of Buffalo 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 Subdivision 1 of Section 225 of the Vehicle and
Traffic Law.

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 Senate in 2010-11

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:

Immediately.

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

                                 870--C
    Cal. No. 1059

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04104-09-4

S. 870--C                           2

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
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 388 of the laws  of  2012,  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, and which are classified as
traffic  infractions,  may be heard and determined pursuant to the regu-
lations 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 jurisdiction 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. 870--C                           3

  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
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.

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