The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6456--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              May 22, 2017
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the vehicle and traffic law, the general municipal  law,
  the  state finance law, and the criminal procedure law, in relation to
  the adjudication of traffic infractions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 155 of the vehicle and traffic law, as amended by
section 1 of part CC of chapter 58 of the laws of 2015,  is  amended  to
read as follows:
  §  155.  Traffic  infraction.  The  violation of any provision of this
chapter, except articles forty-seven and forty-eight,  or  of  any  law,
ordinance,  order,  rule  or  regulation regulating traffic which is not
declared by this chapter or other law of this state to be a  misdemeanor
or  a  felony.  A  traffic  infraction is not a crime and the punishment
imposed therefor shall not be deemed for any purpose a penal or criminal
punishment and shall not affect or impair the credibility as  a  witness
or  otherwise  of any person convicted thereof. This definition shall be
retroactive and shall  apply  to  all  acts  and  violations  heretofore
committed  where such acts and violations would, if committed subsequent
to the taking effect of this section, be included within the meaning  of
the  term  "traffic  infraction"  as  herein  defined.  Except  in those
portions of Suffolk county for which a district court  has  been  estab-
lished,  [outside of cities having a population in excess of two hundred
thousand but less than two hundred twenty thousand in which  administra-
tive  tribunals  have heretofore been established and] outside of cities
having a population in excess of one  million  in  which  administrative
tribunals have heretofore been established, courts and judicial officers
heretofore having jurisdiction over such violations shall continue to do

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02052-05-7

S. 6456--A                          2

so and for such purpose such violations shall be deemed misdemeanors and
all  provisions  of  law  relating to misdemeanors except as provided in
section eighteen hundred five of  this  chapter  and  except  as  herein
otherwise expressly provided shall apply except that no jury trial shall
be  allowed for traffic infractions. In those portions of Suffolk county
for which a district court has been established[, and in cities having a
population in excess of two hundred thousand but less than  two  hundred
twenty  thousand  in which administrative tribunals have heretofore been
established] and in cities having a population in excess of one  million
in  which administrative tribunals have heretofore been established, the
criminal courts of such cities or portions of Suffolk county in which  a
district  court has been established shall have jurisdiction to hear and
determine any complaint alleging  a  violation  constituting  a  traffic
infraction,  except that administrative tribunals heretofore established
in such cities or portions of Suffolk county in which a  district  court
has  been  established shall have jurisdiction to hear and determine any
charge of an offense which is  a  traffic  infraction,  except  parking,
standing  or  stopping.  In  cities having a population in excess of two
hundred thousand in which administrative tribunals have heretofore  been
established,  and  any  such  administrative tribunal established by the
city of Yonkers, the city of Peekskill, or the city  of  Syracuse,  such
tribunals shall have jurisdiction to hear and determine any charge of an
offense  which  is  a  parking, standing or stopping violation. Any fine
imposed by an administrative tribunal shall  be  a  civil  penalty.  For
purposes  of  arrest  without a warrant, pursuant to article one hundred
forty of the criminal procedure  law,  a  traffic  infraction  shall  be
deemed an offense.
  §  2.  Subdivision 1 of section 225 of the vehicle and traffic law, as
amended  by section 2 of part CC of chapter 58 of the laws of  2015,  is
amended to read as follows:
  1.  Notwithstanding  any inconsistent provision of law, all violations
of this chapter or of a law, ordinance, order, rule or regulation relat-
ing  to  traffic,  except  parking,  standing,  stopping  or  pedestrian
offenses,  which occur [within a city having a population of two hundred
thousand or more but less than two  hundred  twenty  thousand  in  which
administrative  tribunals have heretofore been established, or] within a
city having a population of one million or more in which  administrative
tribunals have heretofore, been established, and which are classified as
traffic  infractions,  may be heard and determined pursuant to the regu-
lations of the commissioner as provided  in  this  article.  Whenever  a
crime  and  a  traffic  infraction  arise out of the same transaction or
occurrence, a charge alleging  both  offenses  may  be  made  returnable
before  the  court  having  jurisdiction  over the crime. Nothing herein
provided shall be construed to prevent a court, having jurisdiction over
a criminal charge relating to traffic  or  a  traffic  infraction,  from
lawfully  entering  a  judgment of conviction, whether or not based on a
plea of guilty, for any offense classified as a traffic infraction.
  § 3. Subdivision 5 of section 227 of the vehicle and traffic  law,  as
amended  by  section  1 of part GG of chapter 55 of the laws of 2017, is
amended to read as follows:
  5. All penalties and forfeited  security  collected  pursuant  to  the
provisions  of this article shall be paid to the department of audit and
control to the credit of the justice court fund and shall be subject  to
the  applicable  provisions  of  section  eighteen hundred three of this
chapter. After such audit as shall reasonably be required by  the  comp-
troller,  such  penalties and forfeited security shall be paid quarterly

S. 6456--A                          3

or, in the discretion of the comptroller, monthly,  to  the  appropriate
jurisdiction  in  which  the  violation  occurred in accordance with the
provisions of section ninety-nine-a of the  state  finance  law,  except
that the sum of four dollars for each violation occurring in such juris-
diction  for  which  a  complaint has been filed with the administrative
tribunal established pursuant to this article shall be retained  by  the
state.  Notwithstanding any law to the contrary an additional annual sum
of three million dollars collected from fines and assessed to  the  city
of New York, shall be deposited into the general fund in accordance with
the  provisions  of section ninety-nine-a of the state finance law. [The
amount distributed during the  first  three  quarters  to  the  city  of
Rochester  in  any given fiscal year shall not exceed seventy percent of
the amount which will be otherwise payable.] Provided, however, that  if
the  full  costs  of administering this article shall exceed the amounts
received and retained by the state  for  any  period  specified  by  the
commissioner,  then  such additional sums as shall be required to offset
such costs shall be retained by the  state  out  of  the  penalties  and
forfeited security collected pursuant to this article.
  §  4.  Subdivision 5 of section 227 of the vehicle and traffic law, as
amended by section 3 of part CC of chapter 58 of the laws  of  2015,  is
amended to read as follows:
  5.  All  penalties  and  forfeited  security collected pursuant to the
provisions of this article shall be paid to the department of audit  and
control  to the credit of the justice court fund and shall be subject to
the applicable provisions of section  eighteen  hundred  three  of  this
chapter.  After  such audit as shall reasonably be required by the comp-
troller, such penalties and forfeited security shall be  paid  quarterly
or,  in  the  discretion of the comptroller, monthly, to the appropriate
jurisdiction in which the violation  occurred  in  accordance  with  the
provisions  of  section  ninety-nine-a  of the state finance law, except
that the sum of four dollars for each violation occurring in such juris-
diction for which a complaint has been  filed  with  the  administrative
tribunal  established  pursuant to this article shall be retained by the
state. [The amount distributed during the first three  quarters  to  the
city  of  Rochester  in  any  given fiscal year shall not exceed seventy
percent of the amount which will be otherwise payable.] Provided, howev-
er, that if the full costs of administering this  article  shall  exceed
the  amounts received and retained by the state for any period specified
by the commissioner, then such additional sums as shall be  required  to
offset  such  costs  shall be retained by the state out of the penalties
and forfeited security collected pursuant to this article.
  § 5. Section 370 of the general municipal law is amended by  adding  a
new subdivision 5 to read as follows:
  5.  THERE  SHALL  BE  AN EXECUTIVE DEPARTMENT OR BUREAU OF THE CITY OF
ROCHESTER KNOWN AS THE ROCHESTER TRAFFIC VIOLATIONS AGENCY, WHICH  SHALL
OPERATE  UNDER  THE  DIRECTION  AND  CONTROL OF THE MAYOR OR THE MAYOR'S
DESIGNEE.
  § 6. Section 370-a of the general municipal law is amended  by  adding
two new subdivisions 1-b and 2-a to read as follows:
  1-B. "TRAFFIC VIOLATIONS AGENCY" SHALL MEAN AN EXECUTIVE DEPARTMENT OF
THE  CITY  OF  ROCHESTER  ESTABLISHED  PURSUANT  TO  SUBDIVISION FIVE OF
SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE TO ADMINISTER AND  DISPOSE
OF TRAFFIC INFRACTIONS AS AUTHORIZED PURSUANT TO THIS ARTICLE.
  2-A. "TRAFFIC PROSECUTOR" SHALL ALSO MEAN AN ATTORNEY DULY ADMITTED TO
PRACTICE  LAW  IN  THE  STATE OF NEW YORK WHO, HAVING BEEN APPOINTED AND
EITHER  HIRED  OR   RETAINED   PURSUANT   TO   SECTION   THREE   HUNDRED

S. 6456--A                          4

SEVENTY-FOUR-B  OF  THIS  ARTICLE, HAS THE RESPONSIBILITY OF PROSECUTING
ANY TRAFFIC INFRACTIONS  RETURNABLE  BEFORE  THE  ROCHESTER  CITY  COURT
PURSUANT  TO  THE  JURISDICTIONAL  LIMITATIONS  OF SECTION THREE HUNDRED
SEVENTY-ONE OF THIS ARTICLE.
  §  7.  Section 371 of the general municipal law is amended by adding a
new subdivision 2-b to read as follows:
  2-B. THE ROCHESTER TRAFFIC VIOLATIONS AGENCY, AS ESTABLISHED IN SUBDI-
VISION FIVE OF SECTION THREE HUNDRED SEVENTY OF  THIS  ARTICLE,  MAY  BE
AUTHORIZED  TO  ASSIST  THE  ROCHESTER CITY COURT IN THE DISPOSITION AND
ADMINISTRATION OF INFRACTIONS OF TRAFFIC  LAWS,  ORDINANCES,  RULES  AND
REGULATIONS EXCEPT THAT SUCH AGENCY SHALL NOT HAVE JURISDICTION OVER (A)
THE  TRAFFIC  INFRACTION DEFINED UNDER SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE  AND  TRAFFIC  LAW;  (B)  THE  TRAFFIC
INFRACTION  DEFINED  UNDER  SUBDIVISION  FIVE  OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW;  (C)  THE  VIOLATION  DEFINED
UNDER  PARAGRAPH  (B)  OF  SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE
TRANSPORTATION LAW AND THE VIOLATION DEFINED UNDER CLAUSE (B) OF SUBPAR-
AGRAPH (III) OF PARAGRAPH C OF SUBDIVISION TWO OF  SECTION  ONE  HUNDRED
FORTY  OF  THE  TRANSPORTATION  LAW;  (D) THE TRAFFIC INFRACTION DEFINED
UNDER SECTION THREE HUNDRED NINETY-SEVEN-A OF THE  VEHICLE  AND  TRAFFIC
LAW  AND THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF  THE  VEHICLE  AND  TRAFFIC  LAW;  (E)  TRAFFIC
INFRACTIONS  CONSTITUTING  PARKING,  STANDING,  STOPPING  OR  PEDESTRIAN
OFFENSES; (F) ANY MISDEMEANOR OR FELONY; OR (G) ANY OFFENSE THAT IS PART
OF THE SAME CRIMINAL TRANSACTION, AS THAT TERM IS DEFINED IN SUBDIVISION
TWO OF SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW, AS  A  VIOLATION  OF
SUBDIVISION  ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
TRAFFIC LAW, A VIOLATION OF SUBDIVISION FIVE OF SECTION  ELEVEN  HUNDRED
NINETY-TWO  OF THE VEHICLE AND TRAFFIC LAW, A VIOLATION OF PARAGRAPH (B)
OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE TRANSPORTATION  LAW,  A
VIOLATION OF CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVI-
SION  TWO  OF  SECTION  ONE  HUNDRED  FORTY OF THE TRANSPORTATION LAW, A
VIOLATION OF SECTION THREE HUNDRED NINETY-SEVEN-A  OF  THE  VEHICLE  AND
TRAFFIC  LAW,  A VIOLATION CONSTITUTING A PARKING, STOPPING, STANDING OR
PEDESTRIAN OFFENSE, A VIOLATION OF SUBDIVISION  (G)  OF  SECTION  ELEVEN
HUNDRED  EIGHTY  OF  THE  VEHICLE  AND TRAFFIC LAW OR ANY MISDEMEANOR OR
FELONY.
  § 8. Section 371 of the general municipal law is amended by adding two
new subdivisions 3-b and 4-b to read as follows:
  3-B. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
THE ROCHESTER TRAFFIC VIOLATIONS AGENCY  MAY  BE  PERMITTED  TO  ANSWER,
WITHIN  A  SPECIFIED  TIME,  AT  THE TRAFFIC VIOLATIONS AGENCY EITHER IN
PERSON OR BY WRITTEN POWER OF ATTORNEY IN SUCH FORM AS MAY BE PRESCRIBED
IN THE  ORDINANCE  OR  LOCAL  LAW  CREATING  THE  AGENCY,  BY  PAYING  A
PRESCRIBED  FINE  AND,  IN WRITING, WAIVING A HEARING IN COURT, PLEADING
GUILTY TO THE CHARGE OR A LESSER CHARGE AGREEABLE TO THE TRAFFIC  PROSE-
CUTOR  AND  THE  PERSON  CHARGED WITH AN INFRACTION, AND AUTHORIZING THE
PERSON IN CHARGE OF THE AGENCY TO ENTER SUCH A PLEA AND  ACCEPT  PAYMENT
OF SAID FINE. ACCEPTANCE OF THE PRESCRIBED FINE AND POWER OF ATTORNEY BY
THE  AGENCY SHALL BE DEEMED COMPLETE SATISFACTION FOR THE VIOLATION, AND
THE VIOLATOR SHALL BE GIVEN A RECEIPT  WHICH  SO  STATES.  IF  A  PERSON
CHARGED  WITH  A  TRAFFIC  VIOLATION  DOES  NOT  ANSWER  AS HEREINBEFORE
PRESCRIBED, WITHIN A DESIGNATED TIME, THE AGENCY MAY CAUSE  A  COMPLAINT
TO  BE  ENTERED AGAINST HIM FORTHWITH AND A WARRANT TO BE ISSUED FOR HIS
ARREST AND APPEARANCE BEFORE THE COURT, SUCH SUMMONS  TO  BE  PREDICATED
UPON  THE  PERSONAL SERVICE OF SAID SUMMONS UPON THE PERSON CHARGED WITH

S. 6456--A                          5

THE INFRACTION. ANY PERSON WHO SHALL HAVE  BEEN,  WITHIN  THE  PRECEDING
TWELVE  MONTHS, GUILTY OF THREE OR MORE VIOLATIONS, SHALL NOT BE PERMIT-
TED TO APPEAR AND ANSWER TO A SUBSEQUENT VIOLATION AT  THE  AGENCY,  BUT
MUST  APPEAR  IN  COURT  AT  A TIME SPECIFIED BY THE AGENCY. SUCH AGENCY
SHALL NOT BE AUTHORIZED TO DEPRIVE A PERSON OF HIS RIGHT TO  COUNSEL  OR
TO  PREVENT  HIM  FROM EXERCISING HIS RIGHT TO APPEAR IN COURT TO ANSWER
TO, EXPLAIN, OR DEFEND ANY CHARGE OF A VIOLATION  OF  ANY  TRAFFIC  LAW,
ORDINANCE, RULE OR REGULATION.
  4-B.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENAL-
TIES AND FORFEITURES COLLECTED BY THE ROCHESTER TRAFFIC VIOLATIONS AGEN-
CY SHALL BE DISTRIBUTED AS PROVIDED IN SECTION EIGHTEEN HUNDRED THREE OF
THE VEHICLE AND TRAFFIC LAW. ALL FINES, PENALTIES  AND  FORFEITURES  FOR
VIOLATIONS ADJUDICATED BY THE ROCHESTER TRAFFIC VIOLATIONS AGENCY PURSU-
ANT  TO SUBDIVISION TWO-A OF THIS SECTION EXCEPT AS PROVIDED IN SUBDIVI-
SION THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW,  SHALL  BE
PAID  BY  SUCH AGENCY TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS
OF THE MONTH FOLLOWING COLLECTION. EACH SUCH PAYMENT SHALL  BE  ACCOMPA-
NIED  BY A TRUE AND COMPLETE REPORT IN SUCH FORM AND DETAIL AS THE COMP-
TROLLER SHALL PRESCRIBE.
  § 9. The general municipal law is amended  by  adding  a  new  section
374-b to read as follows:
  § 374-B. TRAFFIC PROSECUTOR SELECTION AND OVERSIGHT. (A) THE EXECUTIVE
DIRECTOR  OF THE ROCHESTER TRAFFIC VIOLATIONS AGENCY, APPOINTED PURSUANT
TO SUBDIVISION (B) OF THIS SECTION, SHALL SELECT AND MAY  CONTRACT  WITH
OR  HIRE  ONE  OR  MORE  PERSONS WHO ARE ATTORNEYS, DULY ADMITTED TO THE
PRACTICE OF LAW IN NEW YORK STATE FOR THE  PROSECUTION  OF  ANY  TRAFFIC
INFRACTION,  EXCEPT  THOSE  DESCRIBED  IN PARAGRAPHS (A), (B), (C), (D),
(E), (F) AND (G) OF SUBDIVISION TWO-B OF SECTION THREE HUNDRED  SEVENTY-
ONE  OF THIS ARTICLE, TO BE HEARD, TRIED OR OTHERWISE DISPOSED OF BY THE
ROCHESTER CITY COURT. SUCH PERSONS SHALL BE KNOWN AS  "TRAFFIC  PROSECU-
TORS",  AS  THAT  TERM  IS DEFINED IN SECTION THREE HUNDRED SEVENTY-A OF
THIS ARTICLE. TRAFFIC  PROSECUTORS  SHALL  HAVE  THE  SAME  POWER  AS  A
DISTRICT ATTORNEY WOULD OTHERWISE HAVE IN THE PROSECUTION OF ANY TRAFFIC
INFRACTION  WHICH  MAY,  PURSUANT  TO  THE  JURISDICTIONAL PROVISIONS OF
SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE, BE PROSECUTED  BEFORE
THE  ROCHESTER  CITY COURT IF THE TRAFFIC VIOLATION OCCURRED IN THE CITY
OF ROCHESTER. THE EXECUTIVE DIRECTOR SHALL GIVE ACTIVE CONSIDERATION  TO
REQUIRING  THAT  SUCH  TRAFFIC  PROSECUTORS  SERVE ON A FULL-TIME BASIS.
TRAFFIC PROSECUTORS ARE PROHIBITED FROM APPEARING IN ANY CAPACITY  OTHER
THAN  AS A TRAFFIC PROSECUTOR IN ANY PART OF THE ROCHESTER CITY COURT ON
ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
  (B) THE MAYOR OF THE CITY OF ROCHESTER SHALL APPOINT A PERSON TO SERVE
AS THE EXECUTIVE DIRECTOR OF THE ROCHESTER  TRAFFIC  VIOLATIONS  AGENCY.
THE EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR THE OVERSIGHT AND ADMIN-
ISTRATION  OF  THE  AGENCY.  THE  EXECUTIVE  DIRECTOR IS PROHIBITED FROM
APPEARING IN ANY CAPACITY IN ANY PART OF THE ROCHESTER CITY COURT ON ANY
MATTER RELATING TO TRAFFIC VIOLATIONS AND  IS  FURTHER  PROHIBITED  FROM
APPEARING  IN ANY CAPACITY IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL
ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
  (C) IT SHALL BE A MISDEMEANOR FOR THE EXECUTIVE DIRECTOR, ANY  TRAFFIC
PROSECUTOR  OR  ANY  JUDICIAL  HEARING  OFFICER ASSIGNED TO HEAR TRAFFIC
VIOLATIONS CASES PURSUANT TO SECTION SIXTEEN HUNDRED NINETY OF THE VEHI-
CLE AND  TRAFFIC  LAW  TO  ESTABLISH  ANY  QUOTA  OF  TRAFFIC  VIOLATION
CONVICTIONS WHICH MUST BE OBTAINED BY ANY TRAFFIC PROSECUTOR OR JUDICIAL
HEARING  OFFICER.  NOTHING CONTAINED HEREIN SHALL PROHIBIT THE TAKING OF
ANY JOB ACTION AGAINST A TRAFFIC PROSECUTOR OR JUDICIAL HEARING  OFFICER

S. 6456--A                          6

FOR FAILURE TO SATISFACTORILY PERFORM SUCH PROSECUTOR'S OR OFFICER'S JOB
ASSIGNMENT EXCEPT THAT THE EMPLOYMENT PRODUCTIVITY OF SUCH PROSECUTOR OR
OFFICER  SHALL NOT BE MEASURED BY THE ATTAINMENT OR NONATTAINMENT OF ANY
CONVICTION  QUOTA.  FOR  THE PURPOSES OF THIS SECTION A CONVICTION QUOTA
SHALL MEAN A SPECIFIC NUMBER OF CONVICTIONS WHICH MUST BE OBTAINED WITH-
IN A SPECIFIC TIME PERIOD.
  (D) PURSUANT TO SECTION 3-9 OF THE CHARTER OF THE CITY  OF  ROCHESTER,
THE  CITY  OF  ROCHESTER MAY APPROPRIATE THOSE MONIES WHICH, IN ITS SOLE
DISCRETION, ARE NECESSARY FOR THE COMPENSATION OF THOSE PERSONS SELECTED
TO SERVE AS EXECUTIVE DIRECTOR AND TRAFFIC PROSECUTORS AND TO COVER  ALL
OTHER EXPENSES ASSOCIATED WITH THE ADMINISTRATION OF THE ROCHESTER TRAF-
FIC VIOLATIONS AGENCY.
  §  10.  Subdivision  3  of  section  99-a of the state finance law, as
amended by section 3 of part GG of section 55 of the laws  of  2017,  is
amended to read as follows:
  3.  The  comptroller  is  hereby  authorized  to implement alternative
procedures, including guidelines in conjunction therewith,  relating  to
the remittance of fines, penalties, forfeitures and other moneys by town
and village justice courts, and by the Nassau and Suffolk counties traf-
fic  and parking violations agencies, and by the city of Buffalo traffic
violations agency, AND BY THE CITY OF ROCHESTER TRAFFIC VIOLATIONS AGEN-
CY, and by the city of New York pursuant to article two-A of the vehicle
and traffic law, to the justice court fund and for the  distribution  of
such  moneys  by the justice court fund.  Notwithstanding any law to the
contrary, the alternative procedures utilized may include:
  a. electronic funds transfer;
  b. remittance of funds by the justice court to the chief fiscal office
of the town or village, or, in the case of the Nassau and Suffolk  coun-
ties  traffic  and parking violations agencies, to the county treasurer,
or, in the case of the Buffalo traffic violations agency, to the city of
Buffalo comptroller, OR IN THE CASE OF THE ROCHESTER TRAFFIC  VIOLATIONS
AGENCY,  TO  THE CITY OF ROCHESTER TREASURER for distribution in accord-
ance with instructions by the comptroller or, in the case of the city of
New York, pursuant to article two-A of the vehicle and  traffic  law  to
the city comptroller; and/or
  c. monthly, rather than quarterly, distribution of funds.
  The comptroller may require such reporting and record keeping as he or
she  deems  necessary  to  ensure  the  proper distribution of moneys in
accordance with applicable laws. A  justice  court  or  the  Nassau  and
Suffolk  counties traffic and parking violations agencies or the city of
Buffalo traffic violations agency  OR  THE  CITY  OF  ROCHESTER  TRAFFIC
VIOLATIONS  AGENCY  or the city of New York pursuant to article two-A of
the vehicle and traffic law  may  utilize  these  procedures  only  when
permitted  by  the  comptroller,  and  such  permission, once given, may
subsequently be withdrawn by the comptroller on due notice.
  § 11. Subdivision 3 of section 99-a  of  the  state  finance  law,  as
amended  by  section 10 of part CC of chapter 58 of the laws of 2015, is
amended to read as follows:
  3. The comptroller  is  hereby  authorized  to  implement  alternative
procedures,  including  guidelines in conjunction therewith, relating to
the remittance of fines, penalties, forfeitures and other moneys by town
and village justice courts, and by the Nassau and Suffolk counties traf-
fic and parking violations agencies, and by the city of Buffalo  traffic
violations agency, AND BY THE CITY OF ROCHESTER TRAFFIC VIOLATIONS AGEN-
CY  to the justice court fund and for the distribution of such moneys by

S. 6456--A                          7

the justice court fund. Notwithstanding any law  to  the  contrary,  the
alternative procedures utilized may include:
  a. electronic funds transfer;
  b. remittance of funds by the justice court to the chief fiscal office
of  the town or village, or, in the case of the Nassau and Suffolk coun-
ties traffic and parking violations agencies, to the  county  treasurer,
or, in the case of the Buffalo traffic violations agency, to the city of
Buffalo  comptroller, OR IN THE CASE OF THE ROCHESTER TRAFFIC VIOLATIONS
AGENCY, TO THE CITY OF ROCHESTER TREASURER, for distribution in  accord-
ance with instructions by the comptroller; and/or
  c. monthly, rather than quarterly, distribution of funds.
  The comptroller may require such reporting and record keeping as he or
she  deems  necessary  to  ensure  the  proper distribution of moneys in
accordance with applicable laws. A  justice  court  or  the  Nassau  and
Suffolk  counties traffic and parking violations agencies or the city of
Buffalo traffic violations agency  OR  THE  CITY  OF  ROCHESTER  TRAFFIC
VIOLATIONS  AGENCY  may  utilize these procedures only when permitted by
the comptroller, and such permission, once given,  may  subsequently  be
withdrawn by the comptroller on due notice.
  §  12.  Paragraph (c) of subdivision 4-a of section 510 of the vehicle
and traffic law, as amended by section 11 of part CC of  chapter  58  of
the laws of 2015, is amended to read as follows:
  (c) Upon receipt of notification from a traffic and parking violations
agency  or  a  traffic  violations  agency of the failure of a person to
appear within sixty days of the return date or new subsequent  adjourned
date,  pursuant  to  an  appearance  ticket  charging said person with a
violation of:
  (i) any of the provisions of this  chapter  except  one  for  parking,
stopping or standing and except those violations described in paragraphs
(a),  (b),  (d),  (e)  and (f) of subdivision two and in paragraphs (a),
(b), (d), (e), (f) and (g) of subdivision two-a AND IN  PARAGRAPHS  (A),
(B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-B of section three hundred
seventy-one of the general municipal law;
  (ii)  section  five hundred two or subdivision (a) of section eighteen
hundred fifteen of the tax law;
  (iii) section fourteen-f (except paragraph (b) of subdivision four  of
section  fourteen-f),  two  hundred  eleven or two hundred twelve of the
transportation law; or
  (iv) any lawful ordinance or regulation made  by  a  local  or  public
authority  relating  to  traffic  (except  one  for parking, stopping or
standing) or the failure to pay a fine imposed for such a violation by a
traffic and parking violations agency or a  traffic  violations  agency,
the commissioner or his or her agent may suspend the driver's license or
privileges of such person pending receipt of notice from the agency that
such  person  has  appeared in response to such appearance ticket or has
paid such fine. Such suspension shall take effect no  less  than  thirty
days  from the day upon which notice thereof is sent by the commissioner
to the person whose driver's license or privileges are to be  suspended.
Any suspension issued pursuant to this paragraph shall be subject to the
provisions of paragraph (j-1) of subdivision two of section five hundred
three of this chapter.
  § 13. Paragraph (b) of subdivision 3 of section 514 of the vehicle and
traffic  law,  as  amended by section 12 of part CC of chapter 58 of the
laws of 2015, is amended to read as follows:
  (b) Upon the failure of a person to appear  or  answer,  within  sixty
days of the return date or any subsequent adjourned date, or the failure

S. 6456--A                          8

to  pay  a  fine imposed by a traffic and parking violations agency or a
traffic violations agency pursuant to a summons charging him or her with
a violation of:
  (1)  any  of  the  provisions  of this chapter except one for parking,
stopping or standing and except those violations described in paragraphs
(a), (b), (d), (e) and (f) of subdivision two  and  in  paragraphs  (a),
(b),  (d),  (e), (f) and (g) of subdivision two-a AND IN PARAGRAPHS (A),
(B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-B of section three hundred
seventy-one of the general municipal law;
  (2) section five hundred two or subdivision (a)  of  section  eighteen
hundred fifteen of the tax law;
  (3)  section  fourteen-f  (except paragraph (b) of subdivision four of
section fourteen-f), two hundred eleven or two  hundred  twelve  of  the
transportation law; or
  (4)  any  lawful  ordinance  or  regulation  made by a local or public
authority relating to traffic  (except  one  for  parking,  stopping  or
standing);
the clerk thereof shall within ten days certify that fact to the commis-
sioner, in the manner and form prescribed by the commissioner, who shall
record the same in his or her office. Thereafter and upon the appearance
of  any  such  person  in response to such summons or the receipt of the
fine by the agency, the traffic and parking violations agency, the traf-
fic violations agency or the clerk thereof shall forthwith certify  that
fact  to  the  commissioner,  in  the  manner and form prescribed by the
commissioner; provided, however, no such  certification  shall  be  made
unless  the  traffic  and  parking  violations  agency  or  the  traffic
violations agency  has  collected  the  termination  of  suspension  fee
required  to  be  paid pursuant to paragraph (j-1) of subdivision two of
section five hundred three of this chapter.
  § 14. The article heading of article 44-A of the vehicle  and  traffic
law,  as  amended  by section 13 of part CC of chapter 58 of the laws of
2015, is amended to read as follows:
                    AUTHORITY OF THE NASSAU AND SUFFOLK
            COUNTY DISTRICT COURT AND BUFFALO CITY COURT AND
                          ROCHESTER CITY COURT
                        JUDICIAL HEARING OFFICERS
  § 15. The section heading of section 1690 of the vehicle  and  traffic
law,  as  amended  by section 14 of part CC of chapter 58 of the laws of
2015, is amended to read as follows:
  Authority of the Nassau county and Suffolk county district court judi-
cial hearing officers and the city of Buffalo judicial hearing  officers
AND THE CITY OF ROCHESTER JUDICIAL HEARING OFFICERS.
  § 16. Section 1690 of the vehicle and traffic law is amended by adding
two new subdivisions 1-b and 4-b to read as follows:
  1-B.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE TRIAL OF A
TRAFFIC INFRACTION IS AUTHORIZED OR REQUIRED  TO  BE  TRIED  BEFORE  THE
ROCHESTER  CITY COURT, AND SUCH TRAFFIC INFRACTION DOES NOT CONSTITUTE A
MISDEMEANOR, FELONY, VIOLATION OF  SUBDIVISION  ONE  OF  SECTION  ELEVEN
HUNDRED  NINETY-TWO,  SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED NINETY-
TWO, SECTION THREE HUNDRED NINETY-SEVEN-A, OR SUBDIVISION (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, OR A VIOLATION OF  PARAGRAPH  (B)
OF  SUBDIVISION FOUR OF SECTION FOURTEEN-F OR CLAUSE (B) OF SUBPARAGRAPH
(III) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION ONE HUNDRED FORTY  OF
THE TRANSPORTATION LAW, OR ANY PARKING, STOPPING, STANDING OR PEDESTRIAN
OFFENSE,  OR  ANY OFFENSE THAT IS PART OF THE SAME CRIMINAL TRANSACTION,
AS THAT TERM IS DEFINED IN SUBDIVISION TWO OF SECTION 40.10 OF THE CRIM-

S. 6456--A                          9

INAL PROCEDURE LAW, AS SUCH A MISDEMEANOR, FELONY, VIOLATION OF SUBDIVI-
SION ONE OF  SECTION  ELEVEN  HUNDRED  NINETY-TWO,  SUBDIVISION  TWO  OF
SECTION  ELEVEN HUNDRED NINETY-TWO, SECTION THREE HUNDRED NINETY-SEVEN-A
OR  SUBDIVISION (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, OR
A VIOLATION OF PARAGRAPH (B) OF SUBDIVISION FOUR OF  SECTION  FOURTEEN-F
OR CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH D OF SUBDIVISION TWO OF
SECTION  ONE  HUNDRED  FORTY  OF THE TRANSPORTATION LAW, OR ANY PARKING,
STOPPING, STANDING OR PEDESTRIAN OFFENSE, THE  ADMINISTRATIVE  JUDGE  OF
THE  SEVENTH  JUDICIAL  DISTRICT MAY ASSIGN JUDICIAL HEARING OFFICERS TO
CONDUCT SUCH A TRIAL. SUCH JUDICIAL HEARING OFFICERS SHALL: (I) BE RESI-
DENTS OF THE COUNTY OF  MONROE;  AND  (II)  BE  VILLAGE  OR  TOWN  COURT
JUSTICES,  CITY  COURT JUDGES OR RETIRED JUDGES OR JUSTICES OR A CURRENT
OR FORMER ADMINISTRATIVE LAW JUDGE, REFEREE  OR  ADMINISTRATIVE  HEARING
OFFICER  WITH AT LEAST ONE YEAR EXPERIENCE CONDUCTING TRIALS OR HEARINGS
FOR ANY GOVERNMENTAL AGENCY OF THE STATE OF  NEW  YORK  OR  A  POLITICAL
SUBDIVISION  OF  THE STATE, OR A LICENSED ATTORNEY WHO HAS AT LEAST FIVE
YEARS OF RELEVANT EXPERIENCE APPEARING  IN  TRIALS  OR  HEARINGS  BEFORE
COURTS  OR GOVERNMENTAL AGENCIES WITHIN THE STATE; AND (III) BE ADMITTED
TO PRACTICE LAW IN THIS STATE; AND (IV)  BE  SELECTED  FROM  A  LIST  OF
RECOMMENDATIONS  OF THE MAYOR OF THE CITY OF ROCHESTER PROVIDED THAT THE
MAYOR SHALL GIVE AT LEAST THREE RECOMMENDATIONS FOR EACH JUDICIAL  HEAR-
ING  OFFICER  ASSIGNMENT.  WHERE  SUCH  ASSIGNMENT IS MADE, THE JUDICIAL
HEARING OFFICER SHALL ENTERTAIN THE CASE IN THE SAME MANNER AS  A  COURT
AND SHALL:
  (A) DETERMINE ALL QUESTIONS OF LAW;
  (B) ACT AS THE EXCLUSIVE TRIER OF ALL ISSUES OF FACT;
  (C) RENDER A VERDICT;
  (D) IMPOSE SENTENCE; OR
  (E) DISPOSE OF THE CASE IN ANY MANNER PROVIDED BY LAW.
  4-B.  JUDICIAL  HEARING  OFFICERS ARE PROHIBITED FROM APPEARING IN ANY
CAPACITY OTHER THAN AS A JUDICIAL HEARING OFFICER IN ANY PART OF ROCHES-
TER CITY COURT ON ANY MATTER RELATING  TO  TRAFFIC  VIOLATIONS  AND  ARE
FURTHER  PROHIBITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A JUDI-
CIAL HEARING OFFICER IN ANY OTHER COURT OR  ADMINISTRATIVE  TRIBUNAL  ON
ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
  §  17.  Subdivision 5 of section 350.20 of the criminal procedure law,
as amended by section 16 of part CC of chapter 58 of the laws  of  2015,
is amended to read as follows:
  5.  Notwithstanding the provisions of subdivision one of this section,
for all proceedings before the  district  court  of  Nassau  county  the
administrative  judge  of  Nassau  county  may,  and for all proceedings
before the district court of Suffolk county, the administrative judge of
Suffolk county may, without the consent of the parties,  assign  matters
involving  traffic  and  parking  infractions  except those described in
paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
three hundred seventy-one of the general municipal  law  to  a  judicial
hearing  officer  in  accordance  with the provisions of section sixteen
hundred ninety of the vehicle and traffic law and  for  all  proceedings
before  the  Buffalo  city  court the administrative judge of the eighth
judicial district may,  without  the  consent  of  the  parties,  assign
matters  involving  traffic  infractions except those described in para-
graphs (a), (b), (c), (d), (e), (f) and  (g)  of  subdivision  two-a  of
section  three  hundred  seventy-one  of  the general municipal law to a
judicial hearing officer in accordance with the  provisions  of  section
sixteen  hundred  ninety  of  the  vehicle  and  traffic law AND FOR ALL
PROCEEDINGS BEFORE THE ROCHESTER CITY COURT THE ADMINISTRATIVE JUDGE  OF

S. 6456--A                         10

THE  SEVENTH  JUDICIAL DISTRICT MAY, WITHOUT THE CONSENT OF THE PARTIES,
ASSIGN MATTERS INVOLVING TRAFFIC INFRACTIONS EXCEPT THOSE  DESCRIBED  IN
PARAGRAPHS  (A), (B), (C), (D), (E), (F) AND (G) OF SUBDIVISION TWO-B OF
SECTION  THREE  HUNDRED  SEVENTY-ONE  OF  THE GENERAL MUNICIPAL LAW TO A
JUDICIAL HEARING OFFICER IN ACCORDANCE WITH THE  PROVISIONS  OF  SECTION
SIXTEEN HUNDRED NINETY OF THE VEHICLE AND TRAFFIC LAW.
  §  18.  Pending actions and proceedings. (a) No proceeding involving a
charge of a traffic infraction pending at such  time  when  an  existing
administrative tribunal shall cease to exist shall be affected or abated
by  the  passage  of  this act or by anything herein contained or by the
cessation of the existence of  any  administrative  tribunal.  All  such
proceedings are hereby transferred to the court of appropriate jurisdic-
tion in the city where such traffic infractions allegedly occurred.
  (b)(i)  The  agency,  department,  office,  or person charged with the
custody of the records of an existing administrative tribunal  which  is
about  to  cease  existing  under, or in connection with, this act shall
arrange for the transfer of the records of pending  proceedings  to  the
court  of  appropriate  jurisdiction  to  which the proceedings shall be
transferred. The presiding judge of such  court  shall  enter  an  order
providing  for  adequate  notice  consistent  with due process of law to
respondents in such pending proceedings regarding the transfer  of  such
proceedings.
  (ii)  In  no  event  shall  any difficulty or delay resulting from the
transfer process, not caused by the  respondent,  increase  the  penalty
required  of the respondent appearing before the court due to a transfer
of  the  traffic  infraction  proceeding  or  otherwise  prejudice  such
respondent.  Respondents before the court due to a transfer of the traf-
fic infraction proceeding from an administrative tribunal to  the  court
that  fail  to appear shall be permitted at least one adjournment before
the penalties and procedures pursuant to subdivision 3 of section 226 of
the vehicle and traffic law shall be available. The presiding  judge  of
such court shall enter an order providing for adequate notice consistent
with  due  process of law to respondents, including notice of the penal-
ties and procedures available pursuant to subdivision 3 of  section  226
of the vehicle and traffic law.
  § 19. The executive director of the Rochester traffic violations agen-
cy  shall  issue on an annual basis, beginning eighteen months following
the creation of the Rochester traffic violations agency pursuant to city
of Rochester local law, a report detailing the progress, development and
operations of  the  traffic  violations  agency.  The  report  shall  be
provided  to  the  governor,  the temporary president of the senate, the
speaker of the assembly, the mayor of Rochester, the common  council  of
Rochester,  the  presiding  judge  of  the  Rochester city court and the
Monroe county district attorney.
  § 20. The adoption of this act shall be deemed a transfer of  function
pursuant  to  section  70  of the civil service law. Any employee who is
transferred to employment by the city of Rochester pursuant to this  act
shall,  in addition to the rights granted pursuant to such law, continue
to be eligible for a civil service promotional examination or  promotion
from  an  eligible list as if such employee was an employee of the state
subject to the pertinent provisions of the civil service law.
  § 21. This act shall take effect on the  two  hundred  seventieth  day
after  it shall have become a law; provided, however, that the amendment
to subdivision 5 of section 227 of the vehicle and traffic law  made  by
section three of this act shall not affect the expiration of such subdi-
vision  when  upon  such date the provisions of section four of this act

S. 6456--A                         11

shall take effect; and provided however, that the amendments to subdivi-
sion 3 of section 99-a of the state finance law made by section  ten  of
this  act  shall not affect the expiration of such subdivision when upon
such  date  the  provisions  of  section  eleven  of this act shall take
effect; and provided, however, that effective immediately  the  city  of
Rochester  is  authorized  to  enact  a local law establishing a traffic
violations agency in the city of Rochester; provided, however, that  the
provisions of sections five and six of this act shall take effect on the
same  date as the enactment of such local law, herein authorized, estab-
lishing a traffic violations agency; provided, further, that  if  estab-
lished,  such agency and the city of Rochester shall comply with all the
provisions of law set forth in this act;  provided,  however,  that  the
amendments to section 371 of the general municipal law, made by sections
seven  and  eight  of  this act, shall not affect the expiration of such
section and shall be deemed to expire therewith; and provided,  further,
that  the  city  of Rochester shall notify the legislative bill drafting
commission upon the  occurrence  of  the  enactment  of  the  local  law
provided  for in this section in order that the commission may  maintain
an accurate and timely effective data base of the official text  of  the
laws  of  the  state  of  New  York  in  furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.