Assembly Actions -
Senate Actions - UPPERCASE
|Jan 03, 2018
referred to codes
|May 11, 2017
referred to codes
Senate Bill S6360
2017-2018 Legislative Session
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2017-S6360 (ACTIVE) - Details
2017-S6360 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6360 REVISED MEMO 04/11/2018 SPONSOR: BAILEY TITLE OF BILL: An act to amend the criminal procedure law, in relation to requiring police officers and peace officers to issue appearance tickets to individuals charged with certain offenses instead of arresting such individuals PURPOSE OR GENERAL IDEA: The purpose of this legislation is to limit arrests for minor non-crimi- nal offenses by requiring police officers and peace officers to issue appearance tickets rather than arresting individuals. SUMMARY OF SPECIFIC PROVISIONS: Section 1. Article 140 of the Criminal Procedure Law, as added by Chap- ter 996 of the Laws of 1970 is amended by adding a new section which provides that 1. A police officer or peace officer shall not arrest a person for an
2017-S6360 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6360 2017-2018 Regular Sessions I N S E N A T E May 11, 2017 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to requiring police officers and peace officers to issue appearance tickets to individuals charged with certain offenses instead of arresting such individuals THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The criminal procedure law is amended by adding a new section 140.60 to read as follows: § 140.60 APPEARANCE TICKETS. 1. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, A POLICE OFFICER OR PEACE OFFICER SHALL NOT ARREST A PERSON FOR AN OFFENSE DESCRIBED IN SUBDIVISION THREE OF THIS SECTION, UNLESS ONE OF THE CONDI- TIONS IN SUBDIVISION TWO OF THIS SECTION APPLIES. A POLICE OFFICER OR PEACE OFFICE MAY ISSUE EITHER AN APPEARANCE TICKET REQUIRING SUCH PERSON TO APPEAR BEFORE A LOCAL CRIMINAL COURT AT A DESIGNATED FUTURE TIME IN CONNECTION WITH AN ACCUSATORY INSTRUMENT TO BE FILED AGAINST SUCH PERSON THEREIN OR A NOTICE OF VIOLATION AND HEARING TO COMMENCE A PROCEEDING TO RECOVER A CIVIL PENALTY IN AN ADMINISTRATIVE PROCEEDING BEFORE AN ADMIN- ISTRATIVE TRIBUNAL HAVING JURISDICTION OVER SUCH PROCEEDING IN LIEU OF MAKING AN ARREST. 2. A POLICE OFFICER, ACTING PURSUANT TO SECTION 140.10 OF THIS ARTI- CLE, OR A PEACE OFFICER, ACTING PURSUANT TO SECTION 140.25 OF THIS ARTI- CLE, MAY ARREST A PERSON FOR AN OFFENSE DESCRIBED IN SUBDIVISION THREE OF THIS SECTION ONLY IF: (A) THE OFFICER IS UNABLE TO ASCERTAIN THE PERSON'S IDENTITY. AN OFFI- CER MAY RELY ON VARIOUS FACTORS RELEVANT TO ESTABLISHING IDENTITY IN ASCERTAINING A PERSON'S IDENTITY, INCLUDING BUT NOT LIMITED TO PERSONAL KNOWLEDGE OF SUCH PERSON, SUCH PERSON'S SELF-IDENTIFICATION, AND PHOTO- GRAPHIC IDENTIFICATION. THERE IS NO REQUIREMENT THAT A PERSON PRESENT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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