Senate Bill S6360

2017-2018 Legislative Session

Requires police officers and peace officers to issue appearance tickets to individuals charged with certain offenses instead of arresting such individuals

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2017-S6360 (ACTIVE) - Details

See Assembly Version of this Bill:
A3201
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §140.60, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9898
2019-2020: S2571, A4053
2021-2022: A2306
2023-2024: A1654

2017-S6360 (ACTIVE) - Summary

Requires police officers and peace officers to issue appearance tickets to individuals charged with certain offenses instead of arresting such individuals.

2017-S6360 (ACTIVE) - Sponsor Memo

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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