S T A T E O F N E W Y O R K
________________________________________________________________________
2505
2009-2010 Regular Sessions
I N A S S E M B L Y
January 16, 2009
___________
Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. TOWNS
-- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to permitting
the electronic filing of papers in local criminal courts, where
authorized by law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 1.20 of the criminal procedure
law, as separately amended by chapters 315, 383 and 729 of the laws of
1972, is amended to read as follows:
5. "Simplified traffic information" means a written accusation,
INCLUDING AN ACCUSATION WRITTEN IN ELECTRONIC FORM WHERE AUTHORIZED BY
LAW, more fully defined and described in article one hundred, by a
police officer or other public servant authorized by law to issue same,
filed with a local criminal court, which, being in a brief or simplified
form prescribed by the commissioner of motor vehicles, charges a person
with one or more traffic infractions or misdemeanors relating to traf-
fic, and which may serve both to commence a criminal action for such
offense and as a basis for prosecution thereof.
S 2. Paragraph (b) of subdivision 5 of section 1.20 of the criminal
procedure law, as amended by chapter 661 of the laws of 1972, is amended
to read as follows:
(b) "Simplified traffic information" means a written accusation,
INCLUDING AN ACCUSATION WRITTEN IN ELECTRONIC FORM WHERE AUTHORIZED BY
LAW, by a police officer, or other public servant authorized by law to
issue same, more fully defined and described in article one hundred,
filed with a local criminal court, which, being in a brief or simplified
form prescribed by the commissioner of motor vehicles, charges a person
with one or more traffic infractions or misdemeanors relating to traf-
fic, and which may serve both to commence a criminal action for such
offense and as a basis for prosecution thereof.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01582-01-9
A. 2505 2
S 3. Subdivision 17 of section 1.20 of the criminal procedure law is
amended to read as follows:
17. "Commencement of criminal action." A criminal action is commenced
by the filing, INCLUDING FILING BY ELECTRONIC MEANS WHERE AUTHORIZED BY
LAW, of an accusatory instrument against a defendant in a criminal
court, and, if more than one accusatory instrument is filed in the
course of the action, it commences when the first of such instruments is
filed.
S 4. This act shall take effect immediately.