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

                                 2353--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  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 directing
  the city of Buffalo to adjudicate traffic infractions

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

  Section  1.  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.   (A)  Notwithstanding  any  inconsistent  provision  of  law,  all
violations of this chapter or of a law, ordinance, order, rule or  regu-
lation relating to traffic, except parking, standing, stopping or pedes-
trian  offenses,  which  occur  within a city having a population of two
hundred thousand or more in which administrative tribunals have  hereto-
fore  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  regu-
lations of the commissioner as provided in this article.
  (B)  FOR  PURPOSES  OF THIS ARTICLE WITH REGARD TO THE ADJUDICATION OF
ANY VIOLATION OF THIS CHAPTER OR OF A LAW,  ORDINANCE,  ORDER,  RULE  OR
REGULATION RELATING TO TRAFFIC, WHICH IS CLASSIFIED AS A TRAFFIC INFRAC-
TION,  IN  THE  CITY OF BUFFALO, PARAGRAPH (A) OF THIS SUBDIVISION SHALL
NOT APPLY.   NOTWITHSTANDING ANY INCONSISTENT PROVISION  OF  A  GENERAL,
SPECIAL  OR LOCAL LAW TO THE CONTRARY, THE CITY OF BUFFALO SHALL PROVIDE
BY LOCAL LAW FOR THE ADMINISTRATIVE ADJUDICATION OF TRAFFIC INFRACTIONS.
  (C) 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04701-02-2
              

S. 2353--A                          2

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  2. This act shall take effect January 1, 2014. Effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

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

                                 2353--B
    Cal. No. 660

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted to said committee -- reported
  favorably from said  committee  and  committed  to  the  Committee  on
  Finance  --  reported  favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

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.
              

                                                           LBD04701-05-2

S. 2353--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

S. 2353--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.