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Assembly Bill A1271

2017-2018 Legislative Session

Relates to the time period for mailing a not guilty plea to the court

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Archive: Last Bill Status - In Assembly Committee

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2017-A1271 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1806, V & T L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6414
2019-2020: A1347

2017-A1271 (ACTIVE) - Summary

Relates to the time period for mailing a not guilty plea to the court; increases the time period from 24 hours to 7 days.

2017-A1271 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1271
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced by M. of A. CROUCH -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to changing the
   time period for mailing in a not guilty plea to the court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 1806 of the vehicle and traffic law, as amended  by
 section  1  of  part  C of chapter 55 of the laws of 2012, is amended to
 read as follows:
   § 1806. Plea of not guilty by  a  defendant  charged  with  a  traffic
 infraction.  In  addition to appearing personally to enter a plea of not
 guilty to a violation of any provision of the tax law or the transporta-
 tion law  regulating  traffic,  or  to  a  traffic  infraction  for  the
 violation  of any of the provisions of the vehicle and traffic law or of
 any local law, ordinance, order, rule  or  regulation  relating  to  the
 operation of motor vehicles or motorcycles, a defendant may enter a plea
 of  not  guilty  by mailing to the court of appropriate jurisdiction the
 ticket making the charge and a signed statement  indicating  such  plea.
 Such  plea  must  be  sent:  (a) by registered or certified mail, return
 receipt requested or by first class mail; and  (b)  within  [forty-eight
 hours]  SEVEN  DAYS  after  receiving  such ticket. Upon receipt of such
 ticket and statement, the court shall  advise  the  violator,  by  first
 class  mail,  of  an appearance at which no testimony shall be taken. If
 the motorist requests a trial, the court shall set a  trial  date  on  a
 date  subsequent  to the date of the initial appearance and shall notify
 the defendant of the date by first class mail but no warrant  of  arrest
 for  failure to appear can be issued until the violator is notified of a
 new court appearance  date  by  registered  or  certified  mail,  return
 receipt requested, and fails to appear.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04708-01-7

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