Do you support this bill?

Assembly Bill A8687A

2017-2018 Legislative Session

Relates to the definition of an accusatory instrument

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

Bill Amendments

co-Sponsors

2017-A8687 - Details

See Senate Version of this Bill:
S9075
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§1.20 & 150.50, CP L
Versions Introduced in 2019-2020 Legislative Session:
A2333, S5078

2017-A8687 - Summary

Relates to the definition of an accusatory instrument; provides that a parking ticket may be an accusatory instrument if certain criteria are met.

2017-A8687 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8687
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 25, 2017
                                ___________
 
 Introduced  by  M. of A. OTIS, McDONALD -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  appearance
   tickets issued for a traffic infraction relating to parking
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 1.20  of  the  criminal  procedure
 law,  as  amended by chapter 209 of the laws of 1990, is amended to read
 as follows:
   1. "Accusatory instrument" means an indictment, an indictment  ordered
 reduced pursuant to subdivision one-a of section 210.20 of this chapter,
 AN  APPEARANCE  TICKET ISSUED FOR A TRAFFIC INFRACTION RELATING TO PARK-
 ING, an information, a simplified information, a  prosecutor's  informa-
 tion,  a superior court information, a misdemeanor complaint or a felony
 complaint. Every accusatory instrument, regardless of the person  desig-
 nated  therein  as  accuser,  constitutes an accusation on behalf of the
 state as plaintiff and must be entitled "the people of the state of  New
 York" against a designated person, known as the defendant.
   § 2. Subdivision 1 of section 150.50 of the criminal procedure law, as
 amended  by  chapter  549  of  the  laws  of 1987, is amended to read as
 follows:
   1.  A police officer or other public servant who has issued and served
 an appearance ticket must, at or before the time such appearance  ticket
 is  returnable,  file or cause to be filed with the local criminal court
 in which it is returnable a local criminal court  accusatory  instrument
 charging  the  person  named  in such appearance ticket with the offense
 specified  therein;  PROVIDED,  HOWEVER,  THAT  NO  SEPARATE  ACCUSATORY
 INSTRUMENT SHALL BE REQUIRED TO BE FILED FOR AN APPEARANCE TICKET ISSUED
 FOR  A  TRAFFIC INFRACTION RELATING TO PARKING. Nothing herein contained
 shall authorize the use of a simplified information when not  authorized
 by law.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2017-A8687A (ACTIVE) - Details

See Senate Version of this Bill:
S9075
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§1.20 & 150.50, CP L
Versions Introduced in 2019-2020 Legislative Session:
A2333, S5078

2017-A8687A (ACTIVE) - Summary

Relates to the definition of an accusatory instrument; provides that a parking ticket may be an accusatory instrument if certain criteria are met.

2017-A8687A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8687--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 25, 2017
                                ___________
 
 Introduced  by  M.  of  A.  OTIS,  McDONALD,  BRABENEC  -- read once and
   referred to the Committee on Codes -- recommitted to the Committee  on
   Codes  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 criminal procedure law, in  relation  to  the  defi-
   nition of an accusatory instrument
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 1.20  of  the  criminal  procedure
 law,  as  amended by chapter 209 of the laws of 1990, is amended to read
 as follows:
   1.  "Accusatory instrument" means: (A) an  indictment,  an  indictment
 ordered  reduced pursuant to subdivision one-a of section 210.20 of this
 chapter, an information, a simplified information, a prosecutor's infor-
 mation, a superior court information, a misdemeanor complaint or a felo-
 ny complaint. Every accusatory  instrument,  regardless  of  the  person
 designated  therein  as  accuser, constitutes an accusation on behalf of
 the state as plaintiff and must be entitled "the people of the state  of
 New York" against a designated person, known as the defendant[.]; AND
   (B) AN APPEARANCE TICKET ISSUED FOR A PARKING INFRACTION WHEN (I) SUCH
 TICKET  IS  BASED ON PERSONAL KNOWLEDGE OR INFORMATION AND BELIEF OF THE
 POLICE OFFICER OR OTHER PUBLIC SERVANT WHO ISSUES THE TICKET, (II)   THE
 POLICE  OFFICER  OR OTHER PUBLIC SERVANT WHO ISSUES SUCH TICKET VERIFIES
 THAT FALSE STATEMENTS MADE THEREIN ARE PUNISHABLE AS A CLASS A MISDEMEA-
 NOR, (III) THE INFRACTION OR INFRACTIONS CONTAINED THEREIN ARE STATED IN
 DETAIL AND NOT IN CONCLUSORY TERMS SO AS TO PROVIDE THE  DEFENDANT  WITH
 SUFFICIENT   NOTICE  INCLUDING,  BUT  NOT  LIMITED,  TO  THE  APPLICABLE
 PROVISION OF LAW ALLEGEDLY VIOLATED, AND THE DATE, TIME  AND  PARTICULAR
 PLACE OF THE ALLEGED INFRACTION, AND (IV) SUCH TICKET CONTAINS:  (1) THE
 LICENSE PLATE DESIGNATION OF THE TICKETED VEHICLE, (2) THE LICENSE PLATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.