S T A T E O F N E W Y O R K
________________________________________________________________________
2097
2017-2018 Regular Sessions
I N A S S E M B L Y
January 17, 2017
___________
Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M. of A. HAWLEY
-- read once and referred to the Committee on Codes
AN ACT to amend the executive law, in relation to prohibiting certain
plea bargain limitations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 233 to
read as follows:
§ 233. PROSECUTION OF CERTAIN VIOLATIONS OF THE VEHICLE AND TRAFFIC
LAW. 1. THE DIVISION OF STATE POLICE SHALL MAKE NO RULE OR REGULATION
NOR SHALL OTHERWISE LIMIT A MEMBER OF THE STATE POLICE'S ABILITY TO
MODIFY OR RECOMMEND THE MODIFICATION OF A CHARGE BEFORE A COURT RELATING
TO A PETTY VIOLATION OF THE VEHICLE AND TRAFFIC LAW. IN ADDITION, A
MEMBER WHO HAS ISSUED A CITATION OR UNIFORM TRAFFIC TICKET (HEREAFTER
REFERRED TO AS THE "ISSUING MEMBER") TO A PERSON FOR COMMITTING A PETTY
VIOLATION OF THE VEHICLE AND TRAFFIC LAW SHALL BE AUTHORIZED TO APPEAR
BEFORE THE COURT IF AUTHORIZED BY THE LOCAL DISTRICT ATTORNEY WHERE SUCH
VIOLATION IS RETURNABLE ON BEHALF OF THE PEOPLE OF THE STATE OF NEW
YORK, AT A DATE DESIGNATED BY THE COURT, AND RECOMMEND TO THE COURT THE
MODIFICATION OF THE ORIGINAL CHARGE OR CHARGES.
2. THIS SECTION IS NOT INTENDED TO AFFECT ANY PLEA BARGAIN LIMITATIONS
OTHERWISE PROVIDED FOR IN THIS CHAPTER OR OTHER LAW OF THIS STATE,
INCLUDING, BUT NOT LIMITED TO, THOSE LIMITATIONS SET FORTH FOR THE
ALLEGED COMMISSION OF A VIOLATION OF ARTICLE THIRTY-ONE OF THE VEHICLE
AND TRAFFIC LAW.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03397-01-7