NY State Senate Bill 2017-S9075

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2018	referred to rules

2017-S9075 (ACTIVE) - Details

See Assembly Version of this Bill:: A8687
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:: S5078, A2333

2017-S9075 (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-S9075 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9075

SPONSOR: LAVALLE
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the defi-
nition of an accusatory instrument

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to give parking tickets the necessary valid-
ity in law as an accusatory instrument in criminal court.

 
SUMMARY OF PROVISIONS:

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 add para-
graph (b) to define an appearance ticket issued for a traffic infraction
related to parking to the definition of an accusatory instrument, and to
list the required elements for an appearance ticket to qualify as an
accusatory instrument.

§ 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 clarify that
no separate accusatory instrument shall be required to be filed for an
appearance ticket issued for a traffic infraction which conforms to the
requirements set forth in paragraph (b) of sub-division one of section
1.20 of the chapter.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amendment creates paragraph (b) of Subdivision 1 of section 120 of
the criminal procedure law, as amended by chapter 209 of the laws of
1990, to define an appearance ticket issued for a traffic infraction
related to parking to the definition of an accusatory instrument, and to
list the required elements for an appearance ticket to qualify as an
accusatory instrument. The amendment also clarifies that no separate
accusatory instrument shall be required to be filed for an appearance
ticket issued for a traffic infraction which conforms to the require-
ments set forth in paragraph (b) of subdivision one of section 120 of
the chapter.

 
JUSTIFICATION:

Recent appellate court decisions, People v. Carrillo, 55 Misc 3d 147(A),
2017 NY Slip Op 50703(U)(App Term, 2nd Dept, 9th & 10th Jud Dists 2017)
and People v. Tarnoff 54 Misc 3d139(A), 2017 Slip Op 50151(U)(App Term,
2nd Dept, 9th & 106 Jud Dists 2017) invalidated parking tickets for lack
of jurisdiction over the defendant when the courts held that the ticket
was the functional equivalent of an appearance ticket and therefore
insufficient under criminal law as an accusatory instrument. Another
recent decision, People v. Mann 55Misc 3d 134(A), 2017 Slip Op 50484(U)
found that the parking ticket was sufficient as an accusatory instrument
but reversed the conviction based on improper evidence at trial.

As this conflict in analysis can be found in additional cases going back
twenty years, there is clearly a need to clarify this issue in statute.
This bill will ensure that an appearance ticket issued for a parking

infraction is legally valid as an accusatory instrument and that no
further accusatory instrument is required.

Municipalities must also have the ability to enforce parking rules and
regulations in order to ensure that there is sufficient available park-
ing for residents and businesses. Additionally, there must be a flow of
available parking for small local business to succeed. This bill will
give parking tickets the necessary validity under law to enforce parking
regulations without requiring additional and unnecessary court filings.
Parking tickets are also a vital source of revenue for municipalities
and this bill will protect their ability to collect those funds.

 
PRIOR LEGISLATIVE HISTORY:

new bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This bill will ensure that local governments are able to enforce parking
regulations which are an important source of revenue. The fiscal impact
will vary by municipality.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S9075 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9075
 
                             I N  S E N A T E
 
                               June 15, 2018
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 TYPE  OF  THE TICKETED VEHICLE, (3) THE EXPIRATION OF THE TICKETED VEHI-
 CLE'S REGISTRATION, (4) THE MAKE OR MODEL OF THE TICKETED  VEHICLE,  AND
 (5) THE BODY TYPE OF THE TICKETED VEHICLE, PROVIDED, HOWEVER, THAT WHERE
 THE PLATE TYPE OR THE EXPIRATION DATE ARE NOT SHOWN ON EITHER THE REGIS-
 TRATION PLATES OR STICKER OF A VEHICLE OR WHERE THE REGISTRATION STICKER
 IS  COVERED,  FADED,  DEFACED OR MUTILATED SO THAT IT IS UNREADABLE, THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13470-03-8

 S. 9075                             2

 PLATE TYPE OR THE EXPIRATION DATE MAY  BE  OMITTED,  PROVIDED,  FURTHER,
 HOWEVER,  THAT  SUCH  CONDITION MUST BE SO DESCRIBED AND INSERTED ON THE
 INSTRUMENT.
   § 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 PARKING INFRACTION WHICH CONFORMS TO THE REQUIREMENTS SET FORTH IN
 PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 1.20 OF THIS CHAPTER.  Noth-
 ing herein contained shall authorize the use of a simplified information
 when not authorized by law.
   § 3. This act shall take effect immediately.

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Senate Bill S9075

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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2017-S9075 (ACTIVE) - Details

2017-S9075 (ACTIVE) - Summary

2017-S9075 (ACTIVE) - Sponsor Memo

2017-S9075 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2017-S9075 (ACTIVE) - Details

2017-S9075 (ACTIVE) - Summary

2017-S9075 (ACTIVE) - Sponsor Memo

2017-S9075 (ACTIVE) - Bill Text download pdf

Comments