S T A T E O F N E W Y O R K
________________________________________________________________________
612--B
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PEOPLES-STOKES, GABRYSZAK -- Multi-Sponsored by
-- M. of A. BOYLAND, COLTON, J. RIVERA -- read once and referred to
the Committee on Transportation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
recommitted to the Committee on Transportation in accordance with
Assembly Rule 3, sec. 2 -- reported and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to authorizing
certain cities to adjudicate traffic infractions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 155 of the vehicle and traffic law, as amended by
chapter 628 of the laws of 2002, is amended to read as follows:
S 155. Traffic infraction. The violation of any provision of this
chapter, except articles forty-seven and forty-eight, or of any law,
ordinance, order, rule or regulation regulating traffic which is not
declared by this chapter or other law of this state to be a misdemeanor
or a felony. A traffic infraction is not a crime and the punishment
imposed therefor shall not be deemed for any purpose a penal or criminal
punishment and shall not affect or impair the credibility as a witness
or otherwise of any person convicted thereof. This definition shall be
retroactive and shall apply to all acts and violations heretofore
committed where such acts and violations would, if committed subsequent
to the taking effect of this section, be included within the meaning of
the term "traffic infraction" as herein defined. Except in those
portions of Suffolk county for which a district court has been estab-
lished, outside of cities having a population in excess of two hundred
thousand BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which administra-
tive tribunals have heretofore been established AND OUTSIDE OF CITIES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04701-04-2
A. 612--B 2
HAVING A POPULATION IN EXCESS OF ONE MILLION IN WHICH ADMINISTRATIVE
TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, courts and judicial officers
heretofore having jurisdiction over such violations shall continue to do
so and for such purpose such violations shall be deemed misdemeanors and
all provisions of law relating to misdemeanors except as provided in
section eighteen hundred five of this chapter and except as herein
otherwise expressly provided shall apply except that no jury trial shall
be allowed for traffic infractions. In those portions of Suffolk county
for which a district court has been established, and in cities having a
population in excess of two hundred thousand BUT LESS THAN TWO HUNDRED
TWENTY THOUSAND in which administrative tribunals have heretofore been
established AND IN CITIES HAVING A POPULATION IN EXCESS OF ONE MILLION
IN WHICH ADMINISTRATIVE TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, the
criminal courts of such cities or portions of Suffolk county in which a
district court has been established shall have jurisdiction to hear and
determine any complaint alleging a violation constituting a traffic
infraction, except that administrative tribunals heretofore established
in such cities or portions of Suffolk county in which a district court
has been established shall have jurisdiction to hear and determine any
charge of an offense which is a traffic infraction, except parking,
standing or stopping. In cities having a population in excess of two
hundred thousand in which administrative tribunals have heretofore been
established, and any such administrative tribunal established by the
city of Yonkers, the city of Peekskill, or the city of Syracuse, such
tribunals shall have jurisdiction to hear and determine any charge of an
offense which is a parking, standing or stopping violation. Any fine
imposed by an administrative tribunal shall be a civil penalty. For
purposes of arrest without a warrant, pursuant to article one hundred
forty of the criminal procedure law, a traffic infraction shall be
deemed an offense.
S 2. Subdivision 1 of section 225 of the vehicle and traffic law, as
amended by chapter 173 of the laws of 1990, is amended to read as
follows:
1. Notwithstanding any inconsistent provision of law, all violations
of this chapter or of a law, ordinance, order, rule or regulation relat-
ing to traffic, except parking, standing, stopping or pedestrian
offenses, which occur within a city having a population of two hundred
thousand or more BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which
administrative tribunals have heretofore been established, OR WITHIN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH ADMINISTRATIVE
TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, or within that portion of
Suffolk county for which a district court has been established, and
which are classified as traffic infractions, may be heard and determined
pursuant to the regulations of the commissioner as provided in this
article. Whenever a crime and a traffic infraction arise out of the same
transaction or occurrence, a charge alleging both offenses may be made
returnable before the court having jurisdiction over the crime. Nothing
herein provided shall be construed to prevent a court, having jurisdic-
tion over a criminal charge relating to traffic or a traffic infraction,
from lawfully entering a judgment of conviction, whether or not based on
a plea of guilty, for any offense classified as a traffic infraction.
S 3. Pending actions and proceedings. (a) No proceeding involving a
charge of a traffic infraction pending at such time when an existing
administrative tribunal shall cease to exist shall be affected or abated
by the passage of this act or by anything herein contained or by the
cessation of the existence of any administrative tribunal. All such
A. 612--B 3
proceedings are hereby transferred to the court of appropriate jurisdic-
tion in the city where such traffic infractions allegedly occurred.
(b)(i) The agency, department, office, or person charged with the
custody of the records of an existing administrative tribunal which is
about to cease existing under, or in connection with, this act shall
arrange for the transfer of the records of pending proceedings to the
court of appropriate jurisdiction to which the proceedings shall be
transferred. The presiding judge of such court shall enter an order
providing for adequate notice consistent with due process of law to
respondents in such pending proceedings regarding the transfer of such
proceedings.
(ii) In no event shall any difficulty or delay resulting from the
transfer process, not caused by the respondent, increase the penalty
required of the respondent appearing before the court due to a transfer
of the traffic infraction proceeding or otherwise prejudice such
respondent. Respondents before the court due to a transfer of the traf-
fic infraction proceeding from an administrative tribunal to the court
that fail to appear shall be permitted at least one adjournment before
the penalties and procedures pursuant to subdivision 3 of section 226 of
the vehicle and traffic law shall be available. The presiding judge of
such court shall enter an order providing for adequate notice consistent
with due process of law to respondents, including notice of the penal-
ties and procedures available pursuant to subdivision 3 of section 226
of the vehicle and traffic law.
S 4. This act shall take effect immediately; provided, however, that
sections one and two of this act shall be deemed to have been in full
force and effect on and after June 1, 2012, and provided, further, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date is authorized and directed to be made and completed on or
before such effective date.