Assembly Bill A5742A

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

                                 5742--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2015
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT,  ABBATE,  KAVANAGH, ABINANTI --
  Multi-Sponsored by -- M. of A.  COLTON,  ROBINSON  --  read  once  and
  referred  to  the  Committee  on  Transportation -- recommitted to the
  Committee on Transportation in accordance with Assembly Rule 3, sec. 2
  -- 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 requiring
  the removal or covering of  inapplicable  highway  work  zone  traffic
  control signs

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

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 1686 to read as follows:
  S  1686.  WORK  ZONE  SIGNS. ANY SIGN OR SIGNS PLACED FOR HIGHWAY WORK
ZONE TRAFFIC CONTROL, INCLUDING, BUT NOT LIMITED  TO,  THOSE  PLACED  IN
HIGHWAY  CONSTRUCTION  OR MAINTENANCE WORK AREAS, OR ON RESTRICTED HIGH-
WAYS, SHALL BE PROMPTLY COVERED OR REMOVED WHENEVER SUCH SIGN  OR  SIGNS
ARE NOT APPLICABLE, AS DETERMINED BY THE STATE OR LOCAL AUTHORITY HAVING
JURISDICTION  THEREON.    FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM
"RESTRICTED HIGHWAY" SHALL MEAN A HIGHWAY DESIGNATED AS SUCH PURSUANT TO
SECTION ONE HUNDRED FOUR-A OF THE HIGHWAY LAW.
  S 2. Section 155 of the vehicle and traffic law, as amended by section
1 of part CC of chapter 58 of the laws of 2015, 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 AND SECTION SIXTEEN
HUNDRED EIGHTY-SIX OF THIS CHAPTER, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09015-03-6
              

A. 5742--A                          2

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 coun-
ty  for  which  a district court has been established, outside of cities
having a population in excess of two hundred thousand but less than  two
hundred  twenty  thousand in which administrative tribunals have hereto-
fore 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  juris-
diction  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 thou-
sand 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 thou-
sand 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  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.