Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to transportation |
Sep 22, 2009 |
referred to transportation |
Assembly Bill A9146
2009-2010 Legislative Session
Sponsored By
LENTOL
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A9146 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6118
- Current Committee:
- Assembly Transportation
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd §1806, V & T L
2009-A9146 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9146 TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to receiving trial dates in the mail PURPOSE: To allow Defendants to receive notice of trial for Vehicle and Traffic Law infraction by mail. SUMMARY OF PROVISIONS: Restores the Section 1806 of the V&T law to its prior form. This allows that when a Defendant pleads not guilty to a traffic infraction that he may plead not guilty by mail and receive a trial date. EXISTING LAW: Provides that when a motorist is charged with a V&T infraction (i.e.-a speeding ticket), that the motorist may plead not guilty by mail and is then given an appearance date. Only at that appearance date will a trial date be given. JUSTIFICATION: New York needs to make life less costly and less burden- some on its residents. The change in law effectuated in 2009 does the exact opposite. It clogs court calendars, adds overtime to local justice courts, forces people to spend more time away from work or their fami- lies all to answer a simple traffic ticket. This is all directly traceable to the decision by the leadership of the State Police which prohibited State Troopers from plea bargaining traf-
2009-A9146 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9146 2009-2010 Regular Sessions I N A S S E M B L Y September 22, 2009 ___________ Introduced by M. of A. LENTOL -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to receiving trial dates in the mail THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1806 of the vehicle and traffic law, as amended by section 1 of part TT of chapter 56 of the laws of 2009, is amended to read as follows: S 1806. Plea of not guilty by a defendant charged with a traffic infraction. In addition to appearing personally to enter a plea of not guilty to a violation of any provision of the tax law or the transporta- tion law regulating traffic, or to a traffic infraction for the violation of any of the provisions of the vehicle and traffic law or of any local law, ordinance, order, rule or regulation relating to the operation of motor vehicles or motorcycles, a defendant may enter a plea of not guilty by mailing to the court of appropriate jurisdiction the ticket making the charge and a signed statement indicating such plea. Such plea must be sent: (a) by registered or certified mail, return receipt requested or by first class mail; and (b) within forty-eight hours after receiving such ticket. Upon receipt of such ticket and statement, the court shall advise the violator of [an appearance] THE TRIAL date by first class mail but no warrant of arrest for failure to appear can be issued until the violator is notified of a new [court appearance] TRIAL date by registered or certified mail, return receipt requested, and fails to appear. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14617-01-9
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