senate Bill S364

2013-2014 Legislative Session

Requires that certain information be printed on appearance tickets for alleged traffic infractions

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S364 - Bill Details

See Assembly Version of this Bill:
A2284
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §150.10, CP L; amd §510, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5333, A1126, A8897
2009-2010: A1061

S364 - Bill Texts

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Requires that certain information be printed on appearance tickets for alleged traffic infractions.

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BILL NUMBER:S364

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to the inclusion of
certain information on an appearance ticket; and to amend the vehicle and
traffic law, in relation to suspensions for failure to pay driver
responsibility assessments

PURPOSE OR GENERAL IDEA OF BILL:
To notify persons receiving a traffic
ticket of the associated penalties by including certain information
on an appearance ticket.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 names the legislation
the "traffic violations fair notice act".

Section 2 adds subdivision 3 to section 150.10 of the criminal
procedure law to require that appearance tickets contain language
notifying the defendant of the maximum fine schedule, how points
affect the ability to maintain a driver's license, to whom the driver
responsibility assessment applies as well as the fine schedule, and
maximum surcharges.

Section 3 adds subdivision 4-f to section 510 of the vehicle and
traffic law that requires the department to send two notices, thirty
days apart, stating the defendant has failed to pay the required
drivers responsibility assessment.

Section 4 directs the commissioner of motor vehicles to implement the
provisions of this act on its effective date.

Section 5 contains the effective date.

JUSTIFICATION:
Persons receiving traffic tickets are often confused
about the punishments or fines they may be facing. The act provides
suitable for notification for persons who receive appearance tickets
by mandating that all appearance tickets in New York State contain
all the information regarding punishments or fines a person may be
facing, specifically: the maximum fine schedule, how points affect
the ability to maintain a driver's license, how the driver's
responsibility assessment is applied as well as the fine schedule
that accompanies it, and the maximum surcharge to a guilty plea.

Persons who fail to pay the driver's responsibility assessment within
thirty days currently have their driver's license suspended. The act
also provides for two additional demands for payment prior to
suspension.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.5333/A.8897 Referred to Codes
2009-10: A.1061 Referred to Codes
2008: A.10919 Referred to Codes


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately; except that
section two shall take effect on the 180th day after it shall have
become a law.

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

                                   364

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to the inclusion
  of certain information on an appearance ticket; and to amend the vehi-
  cle and traffic law, in relation to suspensions  for  failure  to  pay
  driver responsibility assessments

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

  Section 1. This act shall be known and may be cited  as  the  "traffic
violations fair notice act".
  S 2. Section 150.10 of the criminal procedure law is amended by adding
a new subdivision 3 to read as follows:
  3.    WHENEVER  AN APPEARANCE TICKET, AS DEFINED IN SUBDIVISION ONE OF
THIS SECTION, IS ISSUED IN ACCORDANCE WITH  THE  PROVISIONS  OF  SECTION
150.20  OF  THIS  ARTICLE TO A PERSON ALLEGING AN OFFENSE OF THE VEHICLE
AND TRAFFIC LAW,  SUCH  APPEARANCE  TICKET  SHALL  CONTAIN  LANGUAGE  IN
ACCORDANCE  WITH  SUBDIVISION  TWO  OF  THIS  SECTION, AND SHALL CONTAIN
LANGUAGE NOTIFYING THE DEFENDANT OF:
  (A) THE MAXIMUM FINE SCHEDULE  ESTABLISHED  BY  SECTION  ONE  THOUSAND
EIGHT HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW;
  (B)  HOW  THE NUMBER OF POINTS ON YOUR LICENSE AFFECTS YOUR ABILITY TO
MAINTAIN A DRIVER'S LICENSE, AS SET FORTH IN 15 NYCRR S 131.4;
  (C) THE DRIVER RESPONSIBILITY  ASSESSMENT  PROGRAM  ESTABLISHED  UNDER
SECTION  FIVE  HUNDRED  THREE OF THE VEHICLE AND TRAFFIC LAW, TO WHOM IT
APPLIES, AND THE FINE SCHEDULE THAT ACCOMPANIES IT; AND
  (D) THE MAXIMUM SURCHARGES THAT MAY BE APPLIED AGAINST A DRIVER IF  HE
OR SHE PLEADS GUILTY TO THE ALLEGED INFRACTION.
  S 3. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 4-f to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02428-01-3

S. 364                              2

  4-F.  SUSPENSION  FOR FAILURE TO PAY DRIVER RESPONSIBILITY ASSESSMENT.
BEFORE THE DEPARTMENT MAY SUSPEND THE DRIVER'S LICENSE OR PRIVILEGES  OF
ANY PERSON WHO FAILS TO PAY THE DRIVER RESPONSIBILITY ASSESSMENT IMPOSED
UPON HIM OR HER BY THE DEPARTMENT PURSUANT TO SECTION FIVE HUNDRED THREE
OF THIS ARTICLE, THE DEPARTMENT MUST HAVE SENT SUCH PERSON NOTICES STAT-
ING  THAT  HE  OR  SHE  HAS  FAILED TO PAY THE REQUIRED ASSESSMENT. SUCH
NOTICES MUST BE SENT TO THE LAST KNOWN ADDRESS OF THE INDIVIDUAL ON  TWO
SEPARATE  OCCASIONS, EACH OCCASION OCCURRING AT LEAST THIRTY DAYS APART.
IF THE ASSESSMENT REMAINS UNPAID THIRTY DAYS AFTER THE SECOND AND  FINAL
NOTICE  HAS BEEN SENT, THE DEPARTMENT MAY SUSPEND THE DRIVING PRIVILEGES
OF SUCH PERSON. SUCH SUSPENSION SHALL TAKE EFFECT IMMEDIATELY.
  S 4. The commissioner of motor vehicles shall implement  any  rule  or
regulation  necessary  to  implement  the  provisions of this act on its
effective date. This shall include determining the language  that  shall
appear  on the ticket in accordance with the provisions of subdivision 3
of section 150.10 of the criminal procedure law.
  S 5. This act shall take effect immediately; except that  section  two
of  this act shall take effect on the one hundred eightieth day after it
shall have become a law.

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