S T A T E O F N E W Y O R K
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7959
2009-2010 Regular Sessions
I N A S S E M B L Y
April 29, 2009
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Introduced by M. of A. LENTOL -- (at request of the Office of Court
Administration) -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the filing of
a special information alleging previous convictions involving certain
traffic offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 200.60 of the criminal procedure
law is renumbered subdivision 5 and a new subdivision 4 is added to read
as follows:
4. WHERE THE COURT INFORMS THE PARTIES THAT IT WILL SUBMIT A LESSER
INCLUDED OFFENSE THAT, SOLELY BECAUSE OF THE DEFENDANT'S PRIOR
CONVICTIONS, WOULD RAISE THE LESSER OFFENSE FROM A TRAFFIC INFRACTION TO
A MISDEMEANOR, THE PEOPLE MAY THEREAFTER FILE A SPECIAL INFORMATION
PURSUANT TO THIS SECTION. IF THE DEFENDANT ADMITS THE PREVIOUS
CONVICTION, THAT ELEMENT OF THE OFFENSE SHALL BE DEEMED ESTABLISHED, NO
EVIDENCE IN SUPPORT THEREOF MAY BE ADDUCED BY THE PEOPLE, AND THE COURT
MUST SUBMIT THE CASE TO THE JURY WITHOUT REFERENCE THERETO AND AS IF THE
FACT OF THE PREVIOUS CONVICTION WERE NOT AN ELEMENT OF THE OFFENSE. THE
COURT MAY NOT SUBMIT TO THE JURY ANY LESSER-INCLUDED OFFENSE WHICH IS
DISTINGUISHED FROM THE OFFENSE CHARGED SOLELY BY THE FACT THAT A PREVI-
OUS CONVICTION IS NOT AN ELEMENT THEREOF. IF THE DEFENDANT DOES NOT
ADMIT THE PREVIOUS CONVICTION, THE COURT MUST ALLOW THE PEOPLE AN OPPOR-
TUNITY TO PROVE THE PREVIOUS CONVICTION BEFORE THE JURY AS A PART OF
THEIR CASE.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law, and shall apply to all
criminal actions commenced on or after such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10111-01-9