|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 31, 2019||referred to codes|
assembly Bill A4053
Current Bill Status - In Assembly Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Walter T. Mosley
A4053 (ACTIVE) - Details
A4053 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4053 2019-2020 Regular Sessions I N A S S E M B L Y January 31, 2019 ___________ Introduced by M. of A. AUBRY -- read once and referred 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.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.