Senate Bill S4039

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4039
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2017
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law and the  criminal  procedure
   law, in relation to plea bargaining options and personal court appear-
   ances for certain driver's license holders

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1805 of the vehicle and traffic law, as amended  by
 chapter 182 of the laws of 2004, is amended to read as follows:
   § 1805. Plea  of guilty, how put in. [The] EXCEPT IN ANY CASE IN WHICH
 THE DEFENDANT IS A HOLDER OF A CLASS DJ OR CLASS MJ LEARNER'S PERMIT  OR
 CLASS  DJ  OR CLASS MJ DRIVER'S LICENSE PURSUANT TO SECTION FIVE HUNDRED
 TWO OF THIS CHAPTER, THE provisions of section 170.10  of  the  criminal
 procedure  law  and  the provisions of section eighteen hundred seven of
 this article may be waived, to the extent hereinafter  indicated,  by  a
 defendant  charged  with  a violation of any provision of the tax law or
 the transportation law regulating traffic, or a traffic  infraction,  as
 defined  in  this  chapter,  other  than  a third or subsequent speeding
 violation committed within a period of eighteen months, provided that he
 OR SHE shall submit to the local criminal court having jurisdiction,  in
 person,  by  duly authorized agent, by first class mail or by registered
 or certified mail, return  receipt  requested,  an  application  setting
 forth  (a) the nature of the charge, (b) the information or instructions
 required by section eighteen hundred seven of this article to  be  given
 defendant  upon  arraignment,  (c)  that defendant waives arraignment in
 open court and the aid of counsel, (d) that he OR SHE pleads  guilty  to
 the  offense as charged, (e) that defendant elects and requests that the
 charge be disposed of and the fine or penalty fixed by the court, pursu-
 ant to this section, (f) any statement or explanation that the defendant
 may desire to make concerning the offense charged and (g) that defendant
 makes all statements with respect to such application under  penalty  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06417-01-7

 S. 4039                             2
 
 perjury.  This  application  shall  be  in such form as the commissioner
 shall prescribe and a copy thereof shall be handed to the  defendant  by
 the  officer  charging him OR HER with such offense. Thereupon the local
 criminal  court  may  proceed as though the defendant had been convicted
 upon a plea of guilty in open court, provided, however, that any imposi-
 tion of fine or penalty hereunder shall be deemed tentative  until  such
 fine  or  penalty  shall have been paid and discharged in full, prior to
 which time such court, in its  discretion,  may  annul  any  proceedings
 hereunder,  including  such tentative imposition of fine or penalty, and
 deny the application, in which event the charge  shall  be  disposed  of
 pursuant  to  the applicable provisions of law, as though no proceedings
 had been had under this section. If upon receipt of the aforesaid appli-
 cation such court shall deny the same, it  shall  thereupon  inform  the
 defendant  of this fact, and that he OR SHE is required to appear before
 the said court at a stated time and place to  answer  the  charge  which
 shall thereafter be disposed of pursuant to the applicable provisions of
 law.   THE HOLDER OF A CLASS DJ OR CLASS MJ LEARNER'S PERMIT, A CLASS DJ
 OR CLASS MJ DRIVER'S LICENSE OR A LIMITED CLASS DJ OR CLASS  MJ  LICENSE
 MAY NOT WAIVE THE PROVISIONS OF SECTION 170.10 OF THE CRIMINAL PROCEDURE
 LAW OR SECTION EIGHTEEN HUNDRED SEVEN OF THIS ARTICLE AND SUCH DEFENDANT
 SHALL BE REQUIRED TO PERSONALLY ENTER A PLEA IN COURT.
   §  2. Paragraph (b) of subdivision 1 of section 170.10 of the criminal
 procedure law, as amended by chapter 661 of the laws of 1972, is amended
 to read as follows:
   (b)  In any case in which the defendant's appearance is required by  a
 summons  or  an  appearance ticket, the court in its discretion may, for
 good cause shown, permit the defendant to appear by counsel  instead  of
 in  person,  EXCEPT  IN ANY CASE IN WHICH THE DEFENDANT IS A HOLDER OF A
 CLASS DJ OR CLASS MJ LEARNER'S PERMIT, A CLASS DJ OR CLASS  MJ  DRIVER'S
 LICENSE  ISSUED  PURSUANT TO SECTION FIVE HUNDRED TWO OF THE VEHICLE AND
 TRAFFIC LAW, WHERE SUCH DEFENDANT HAS BEEN CHARGED WITH A  VIOLATION  OF
 THE  VEHICLE  AND TRAFFIC LAW, OR OTHER LAW OR ORDINANCE RELATING TO THE
 OPERATION OF MOTOR VEHICLES OR MOTORCYCLES.
   § 3. Section 170.10 of the criminal procedure law is amended by adding
 a new subdivision 11 to read as follows:
   11. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
 ANY CASE WHEREIN A CHARGE LAID BEFORE A COURT ON  A  SIMPLIFIED  TRAFFIC
 INFORMATION  CHARGES  ANY  HOLDER  OF  A  CLASS DJ OR CLASS MJ LEARNER'S
 PERMIT, A CLASS DJ OR CLASS  MJ  DRIVER'S  LICENSE  ISSUED  PURSUANT  TO
 SECTION  FIVE  HUNDRED TWO OF THE VEHICLE AND TRAFFIC LAW WITH A SERIOUS
 TRAFFIC VIOLATION AS DEFINED IN PARAGRAPH (B) OF THIS  SUBDIVISION,  ANY
 PLEA  OF  GUILTY  THEREAFTER ENTERED IN SATISFACTION OF SUCH CHARGE MUST
 INCLUDE AT LEAST A PLEA OF GUILTY TO ONE OF THE CHARGES THAT SUCH HOLDER
 WAS ORIGINALLY CHARGED WITH AND NO OTHER DISPOSITION BY PLEA  OF  GUILTY
 TO  ANY OTHER CHARGE IN SATISFACTION OF SUCH CHARGE SHALL BE AUTHORIZED,
 PROVIDED, HOWEVER, IF THE DISTRICT ATTORNEY UPON REVIEWING THE AVAILABLE
 EVIDENCE DETERMINES THAT THE CHARGE OF SUCH VIOLATION IS NOT  WARRANTED,
 SUCH  DISTRICT  ATTORNEY MAY CONSENT, AND THE COURT MAY ALLOW A DISPOSI-
 TION BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE;
 PROVIDED, HOWEVER, IN ALL SUCH CASES, THE COURT SHALL SET FORTH UPON THE
 RECORD THE BASIS FOR SUCH DISPOSITION.
   (B) FOR PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM  "SERIOUS  TRAFFIC
 VIOLATION"  SHALL  MEAN OPERATING A MOTOR VEHICLE IN VIOLATION OF ANY OF
 THE FOLLOWING PROVISIONS OF THE VEHICLE AND TRAFFIC LAW: ARTICLES  TWEN-
 TY-FIVE  AND TWENTY-SIX; SUBDIVISION ONE OF SECTION SIX HUNDRED; SECTION
 SIX HUNDRED ONE; SECTIONS ELEVEN HUNDRED ELEVEN, ELEVEN HUNDRED SEVENTY,

 S. 4039                             3
 
 ELEVEN HUNDRED SEVENTY-TWO AND ELEVEN HUNDRED SEVENTY-FOUR; SUBDIVISIONS
 (A), (B), (C), (D) AND (F) OF SECTION ELEVEN  HUNDRED  EIGHTY,  PROVIDED
 THAT  THE  VIOLATION INVOLVED TEN OR MORE MILES PER HOUR OVER THE ESTAB-
 LISHED  LIMIT;  SECTION  ELEVEN HUNDRED EIGHTY-TWO; SUBDIVISION THREE OF
 SECTION TWELVE HUNDRED TWENTY-NINE-C FOR  VIOLATIONS  INVOLVING  USE  OF
 SAFETY  BELTS  OR SEATS BY A CHILD UNDER THE AGE OF SIXTEEN; AND SECTION
 TWELVE HUNDRED TWELVE.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law and shall apply to violations occurring on and after
 such effective date.