S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8687--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 25, 2017
                                ___________
 
 Introduced  by  M.  of  A.  OTIS,  McDONALD,  BRABENEC  -- read once and
   referred to the Committee on Codes -- recommitted to the Committee  on
   Codes  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 criminal procedure law, in  relation  to  the  defi-
   nition of an accusatory instrument
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 1.20  of  the  criminal  procedure
 law,  as  amended by chapter 209 of the laws of 1990, is amended to read
 as follows:
   1.  "Accusatory instrument" means: (A) an  indictment,  an  indictment
 ordered  reduced pursuant to subdivision one-a of section 210.20 of this
 chapter, an information, a simplified information, a prosecutor's infor-
 mation, a superior court information, a misdemeanor complaint or a felo-
 ny complaint. Every accusatory  instrument,  regardless  of  the  person
 designated  therein  as  accuser, constitutes an accusation on behalf of
 the state as plaintiff and must be entitled "the people of the state  of
 New York" against a designated person, known as the defendant[.]; AND
   (B) AN APPEARANCE TICKET ISSUED FOR A PARKING INFRACTION WHEN (I) SUCH
 TICKET  IS  BASED ON PERSONAL KNOWLEDGE OR INFORMATION AND BELIEF OF THE
 POLICE OFFICER OR OTHER PUBLIC SERVANT WHO ISSUES THE TICKET, (II)   THE
 POLICE  OFFICER  OR OTHER PUBLIC SERVANT WHO ISSUES SUCH TICKET VERIFIES
 THAT FALSE STATEMENTS MADE THEREIN ARE PUNISHABLE AS A CLASS A MISDEMEA-
 NOR, (III) THE INFRACTION OR INFRACTIONS CONTAINED THEREIN ARE STATED IN
 DETAIL AND NOT IN CONCLUSORY TERMS SO AS TO PROVIDE THE  DEFENDANT  WITH
 SUFFICIENT   NOTICE  INCLUDING,  BUT  NOT  LIMITED,  TO  THE  APPLICABLE
 PROVISION OF LAW ALLEGEDLY VIOLATED, AND THE DATE, TIME  AND  PARTICULAR
 PLACE OF THE ALLEGED INFRACTION, AND (IV) SUCH TICKET CONTAINS:  (1) THE
 LICENSE PLATE DESIGNATION OF THE TICKETED VEHICLE, (2) THE LICENSE PLATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13470-02-8

 A. 8687--A                          2
 
 TYPE  OF  THE TICKETED VEHICLE, (3) THE EXPIRATION OF THE TICKETED VEHI-
 CLE'S REGISTRATION, (4) THE MAKE OR MODEL OF THE TICKETED  VEHICLE,  AND
 (5) THE BODY TYPE OF THE TICKETED VEHICLE, PROVIDED, HOWEVER, THAT WHERE
 THE PLATE TYPE OR THE EXPIRATION DATE ARE NOT SHOWN ON EITHER THE REGIS-
 TRATION PLATES OR STICKER OF A VEHICLE OR WHERE THE REGISTRATION STICKER
 IS  COVERED,  FADED,  DEFACED OR MUTILATED SO THAT IT IS UNREADABLE, THE
 PLATE TYPE OR THE EXPIRATION DATE MAY  BE  OMITTED,  PROVIDED,  FURTHER,
 HOWEVER,  THAT  SUCH  CONDITION MUST BE SO DESCRIBED AND INSERTED ON THE
 INSTRUMENT.
   § 2. Subdivision 1 of section 150.50 of the criminal procedure law, as
 amended by chapter 549 of the laws  of  1987,  is  amended  to  read  as
 follows:
   1.  A police officer or other public servant who has issued and served
 an appearance ticket must, at or before the time such appearance  ticket
 is  returnable,  file or cause to be filed with the local criminal court
 in which it is returnable a local criminal court  accusatory  instrument
 charging  the  person  named  in such appearance ticket with the offense
 specified  therein;  PROVIDED,  HOWEVER,  THAT  NO  SEPARATE  ACCUSATORY
 INSTRUMENT SHALL BE REQUIRED TO BE FILED FOR AN APPEARANCE TICKET ISSUED
 FOR A PARKING INFRACTION WHICH CONFORMS TO THE REQUIREMENTS SET FORTH IN
 PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION 1.20 OF THIS CHAPTER. Noth-
 ing herein contained shall authorize the use of a simplified information
 when not authorized by law.
   § 3. This act shall take effect immediately.