assembly Bill A8687A

2017-2018 Legislative Session

Relates to the definition of an accusatory instrument

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Archive: Last Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2018 referred to rules
delivered to senate
passed assembly
Apr 19, 2018 advanced to third reading cal.745
Apr 17, 2018 reported
Feb 22, 2018 print number 8687a
Feb 22, 2018 amend (t) and recommit to codes
Jan 03, 2018 referred to codes
Sep 25, 2017 referred to codes

Co-Sponsors

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

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.

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

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

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.

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.

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