senate Bill S2571

2019-2020 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
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
May 29, 2019 reported and committed to rules
Jan 28, 2019 referred to codes

Votes

view votes

May 29, 2019 - Codes committee Vote

S2571
6
5
committee
6
Aye
5
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 29, 2019

aye wr (2)

Co-Sponsors

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S2571 (ACTIVE) - Details

See Assembly Version of this Bill:
A4053
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
2017-2018: S6360, A3201
2021-2022: A2306
2023-2024: A1654

S2571 (ACTIVE) - Summary

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

S2571 (ACTIVE) - Sponsor Memo

S2571 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2571

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced  by  Sens.  BAILEY,  BENJAMIN,  HOYLMAN,  MONTGOMERY, PARKER,
  SANDERS, SEPULVEDA -- 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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