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

                                   870

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

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
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

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

                                                           LBD04104-01-3

S. 870                              2

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. Subdivision 1 of section 225 of the vehicle and traffic  law,  as
amended  by  chapter  388  of  the  laws  of 2012, 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, and which are classified as

S. 870                              3

traffic infractions, may be heard and determined pursuant to  the  regu-
lations  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 jurisdiction 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  4.  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
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  5.  This act shall take effect immediately; provided, however, that
section three of this act shall take effect on the same date and in  the
same  manner  as  section  8  of  chapter 388 of the laws of 2012, takes
effect, 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  effective date is 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
________________________________________________________________________

                                 870--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said  committee  and  committed  to  the  Committee  on
  Finance  --  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 388 of the laws of 2012, 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, and which are classified as traffic  infractions,
may  be  heard and determined pursuant to the regulations of the commis-
sioner 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.
              

                                                           LBD04104-04-3

S. 870--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, provided that the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is 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
________________________________________________________________________

                                 870--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, KENNEDY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  reported  favorably from said committee and committed to the Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported  favorably  from
  said  committee  and  committed to the Committee on Rules -- 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 388 of the laws of 2012, 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, and which are classified as traffic  infractions,
may  be  heard and determined pursuant to the regulations of the commis-
sioner 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.

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

                                                           LBD04104-06-3

S. 870--B                           2

  (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
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, 2015, provided that the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.