S T A T E   O F   N E W   Y O R K
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                                  10531

                          I N  A S S E M B L Y

                              April 2, 2010
                               ___________

Introduced  by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. HAWLEY
  -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law and the  criminal  procedure
  law, in relation to plea bargaining options and personal court appear-
  ances for certain driver's license holders

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

  Section 1. Section 1805 of the vehicle and traffic law, as amended  by
chapter 182 of the laws of 2004, is amended to read as follows:
  S 1805. Plea  of guilty, how put in. [The] EXCEPT IN ANY CASE IN WHICH
THE DEFENDANT IS A HOLDER OF A CLASS DJ OR CLASS MJ LEARNER'S PERMIT  OR
CLASS  DJ  OR CLASS MJ DRIVER'S LICENSE PURSUANT TO SECTION FIVE HUNDRED
TWO OR LIMITED CLASS DJ OR MJ LICENSE PURSUANT TO SECTION  FIVE  HUNDRED
THREE-A  OF THIS CHAPTER, THE provisions of section 170.10 of the crimi-
nal procedure law and the provisions of section eighteen  hundred  seven
of this article may be waived, to the extent hereinafter indicated, by a
defendant  charged  with  a violation of any provision of the tax law or
the transportation law regulating traffic, or a traffic  infraction,  as
defined  in  this  chapter,  other  than  a third or subsequent speeding
violation committed within a period of eighteen months, provided that he
OR SHE shall submit to the local criminal court having jurisdiction,  in
person,  by  duly authorized agent, by first class mail or by registered
or certified mail, return  receipt  requested,  an  application  setting
forth  (a) the nature of the charge, (b) the information or instructions
required by section eighteen hundred seven of this article to  be  given
defendant  upon  arraignment,  (c)  that defendant waives arraignment in
open court and the aid of counsel, (d) that he OR SHE pleads  guilty  to
the  offense as charged, (e) that defendant elects and requests that the
charge be disposed of and the fine or penalty fixed by the court, pursu-
ant to this section, (f) any statement or explanation that the defendant
may desire to make concerning the offense charged and (g) that defendant
makes all statements with respect to such application under  penalty  of
perjury.  This  application  shall  be  in such form as the commissioner
shall prescribe and a copy thereof shall be handed to the  defendant  by

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

                                                           LBD15927-01-0

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the  officer  charging him OR HER with such offense. Thereupon the local
criminal court may proceed as though the defendant  had  been  convicted
upon a plea of guilty in open court, provided, however, that any imposi-
tion  of  fine or penalty hereunder shall be deemed tentative until such
fine or penalty shall have been paid and discharged in  full,  prior  to
which  time  such  court,  in  its discretion, may annul any proceedings
hereunder, including such tentative imposition of fine or  penalty,  and
deny  the  application,  in  which event the charge shall be disposed of
pursuant to the applicable provisions of law, as though  no  proceedings
had been had under this section. If upon receipt of the aforesaid appli-
cation  such  court  shall  deny the same, it shall thereupon inform the
defendant of this fact, and that he OR SHE is required to appear  before
the  said  court  at  a stated time and place to answer the charge which
shall thereafter be disposed of pursuant to the applicable provisions of
law.  THE HOLDER OF A CLASS DJ OR CLASS MJ LEARNER'S PERMIT, A CLASS  DJ
OR  CLASS  MJ DRIVER'S LICENSE OR A LIMITED CLASS DJ OR CLASS MJ LICENSE
MAY NOT WAIVE THE PROVISIONS OF SECTION 170.10 OF THE CRIMINAL PROCEDURE
LAW OR SECTION EIGHTEEN HUNDRED SEVEN OF THIS ARTICLE AND SUCH DEFENDANT
SHALL BE REQUIRED TO PERSONALLY ENTER A PLEA IN COURT.
  S 2. Paragraph (b) of subdivision 1 of section 170.10 of the  criminal
procedure law, as amended by chapter 661 of the laws of 1972, is amended
to read as follows:
  (b)   In any case in which the defendant's appearance is required by a
summons or an appearance ticket, the court in its  discretion  may,  for
good  cause  shown, permit the defendant to appear by counsel instead of
in person, EXCEPT IN ANY CASE IN WHICH THE DEFENDANT IS A  HOLDER  OF  A
CLASS  DJ  OR CLASS MJ LEARNER'S PERMIT, A CLASS DJ OR CLASS MJ DRIVER'S
LICENSE OR A LIMITED CLASS DJ OR MJ DRIVER'S LICENSE ISSUED PURSUANT  TO
SECTION  FIVE  HUNDRED  TWO  OR  FIVE HUNDRED THREE-A OF THE VEHICLE AND
TRAFFIC LAW, WHERE SUCH DEFENDANT HAS BEEN CHARGED WITH A  VIOLATION  OF
THE  VEHICLE  AND TRAFFIC LAW, OR OTHER LAW OR ORDINANCE RELATING TO THE
OPERATION OF MOTOR VEHICLES OR MOTORCYCLES.
  S 3. Section 170.10 of the criminal procedure law is amended by adding
a new subdivision 10 to read as follows:
  10. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ANY CASE WHEREIN A CHARGE LAID BEFORE A COURT ON  A  SIMPLIFIED  TRAFFIC
INFORMATION  CHARGES  ANY  HOLDER  OF  A  CLASS DJ OR CLASS MJ LEARNER'S
PERMIT, A CLASS DJ OR CLASS MJ DRIVER'S LICENSE OR LIMITED CLASS  DJ  OR
MJ  DRIVER'S LICENSE ISSUED PURSUANT TO SECTION FIVE HUNDRED TWO OR FIVE
HUNDRED THREE-A OF THE VEHICLE AND TRAFFIC LAW WITH  A  SERIOUS  TRAFFIC
VIOLATION  AS  DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION, ANY PLEA OF
GUILTY THEREAFTER ENTERED IN SATISFACTION OF SUCH CHARGE MUST INCLUDE AT
LEAST A PLEA OF GUILTY TO ONE  OF  THE  CHARGES  THAT  SUCH  HOLDER  WAS
ORIGINALLY  CHARGED  WITH  AND NO OTHER DISPOSITION BY PLEA OF GUILTY TO
ANY OTHER CHARGE IN SATISFACTION OF SUCH  CHARGE  SHALL  BE  AUTHORIZED,
PROVIDED, HOWEVER, IF THE DISTRICT ATTORNEY UPON REVIEWING THE AVAILABLE
EVIDENCE  DETERMINES THAT THE CHARGE OF SUCH VIOLATION IS NOT WARRANTED,
SUCH DISTRICT ATTORNEY MAY CONSENT, AND THE COURT MAY ALLOW  A  DISPOSI-
TION BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE;
PROVIDED, HOWEVER, IN ALL SUCH CASES, THE COURT SHALL SET FORTH UPON THE
RECORD THE BASIS FOR SUCH DISPOSITION.
  (B)  FOR  PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM "SERIOUS TRAFFIC
VIOLATION" SHALL MEAN OPERATING A MOTOR VEHICLE IN VIOLATION OF  ANY  OF
THE  FOLLOWING PROVISIONS OF THE VEHICLE AND TRAFFIC LAW: ARTICLES TWEN-
TY-FIVE AND TWENTY-SIX; SUBDIVISION ONE OF SECTION SIX HUNDRED;  SECTION
SIX HUNDRED ONE; SECTIONS ELEVEN HUNDRED ELEVEN, ELEVEN HUNDRED SEVENTY,

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ELEVEN HUNDRED SEVENTY-TWO AND ELEVEN HUNDRED SEVENTY-FOUR; SUBDIVISIONS
(A),  (B),  (C),  (D) AND (F) OF SECTION ELEVEN HUNDRED EIGHTY, PROVIDED
THAT THE VIOLATION INVOLVED TEN OR MORE MILES PER HOUR OVER  THE  ESTAB-
LISHED  LIMIT;  SECTION  ELEVEN HUNDRED EIGHTY-TWO; SUBDIVISION THREE OF
SECTION TWELVE HUNDRED TWENTY-NINE-C FOR  VIOLATIONS  INVOLVING  USE  OF
SAFETY  BELTS  OR SEATS BY A CHILD UNDER THE AGE OF SIXTEEN; AND SECTION
TWELVE HUNDRED TWELVE.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have  become  a law and shall apply to violations occurring on and after
such effective date.