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

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Sponsored By

Current Bill Status - In Senate Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
May 11, 2017 referred to codes

Co-Sponsors

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S6360 - Details

See Assembly Version of this Bill:
A3201
Law Section:
Criminal Procedure Law
Laws Affected:
Add §140.60, CP L

S6360 - Summary

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

S6360 - Sponsor Memo

S6360 - 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:
S 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.
                                                           LBD08338-01-7

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