Senate Bill S1121

2019-2020 Legislative Session

Relates to electronic citation fees

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary 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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2019-S1121 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §8023, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: S5724
2017-2018: S6150
2021-2022: S4507
2023-2024: S3078

2019-S1121 (ACTIVE) - Summary

Relates to electronic citation fees or the process of transmitting traffic, misdemeanor, municipal ordinance, conservation, or other citations and law enforcement data via electronic means to a county clerk.

2019-S1121 (ACTIVE) - Sponsor Memo

2019-S1121 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1121
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation  to  elec-
   tronic citation fees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The civil practice law and rules is amended by adding a new
 section 8023 to read as follows:
   § 8023. ELECTRONIC CITATION FEES. (A) AS USED IN THIS SECTION,  "ELEC-
 TRONIC CITATION" MEANS THE PROCESS OF TRANSMITTING TRAFFIC, MISDEMEANOR,
 MUNICIPAL  ORDINANCE,  CONSERVATION, OR OTHER CITATIONS AND LAW ENFORCE-
 MENT DATA VIA ELECTRONIC MEANS TO A COUNTY CLERK.
   (B) THE CLERKS OF THE COUNTY IN THE STATE SHALL BE ENTITLED TO COLLECT
 AN ELECTRONIC CITATION FEE OF FIVE DOLLARS. SUCH FEE SHALL  BE  PAID  BY
 THE  DEFENDANT  IN  ANY  TRAFFIC,  MISDEMEANOR,  MUNICIPAL ORDINANCE, OR
 CONSERVATION CITATION ISSUED UPON A PLEA OF GUILTY, JUDGMENT  OF  GUILTY
 OR GRANT OF SUPERVISION. THIS FEE SHALL BE IN ADDITION TO ALL OTHER FEES
 AND  CHARGES  AND  ASSESSABLE  AS  COSTS  AND  SHALL  NOT  BE SUBJECT TO
 DISBURSEMENT. SIXTY PERCENT OF THE  FEE  SHALL  BE  DEPOSITED  INTO  THE
 "ELECTRONIC  CITATION FUND" ESTABLISHED BY EACH COUNTY. FORTY PERCENT OF
 THE FEE SHALL BE DISBURSED TO THE ARRESTING AGENCY  TO  DEFRAY  EXPENSES
 RELATED  TO  THE  ESTABLISHMENT AND MAINTENANCE OF ELECTRONIC CITATIONS.
 EACH COUNTY CLERK SHALL BE THE CUSTODIAN, EX OFFICIO, OF THE  ELECTRONIC
 CITATION  FUND  AND SHALL USE THE FUND TO PERFORM THE DUTIES REQUIRED BY
 THE OFFICE FOR ESTABLISHING AND MAINTAINING  ELECTRONIC  CITATIONS.  THE
 COUNTY  CLERK SHALL NOT CHARGE AND COLLECT AN ELECTRONIC CITATION FEE IF
 THE COUNTY HAS BY ORDINANCE ELECTED NOT TO BE SUBJECT TO THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06648-01-9

              

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