|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Nov 08, 2019||signed chap.450|
|Oct 28, 2019||delivered to governor|
|Jun 18, 2019||returned to assembly|
3rd reading cal.982
substituted for s5078
|Jun 18, 2019||substituted by a2333|
|Jun 03, 2019||advanced to third reading|
|May 30, 2019||2nd report cal.|
|May 29, 2019||1st report cal.982|
|Apr 08, 2019||referred to codes|
senate Bill S5078Signed By Governor
Archive: Last Bill Status Via A2333 - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
S5078 (ACTIVE) - Details
S5078 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5078 SPONSOR: KAPLAN TITLE OF BILL: An act to amend the criminal procedure law, in relation to the definition of an accusatory instrument PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to give parking tickets the necessary valid- ity in law as an accusatory instrument in criminal court. SUMMARY OF PROVISIONS: Section 1. Subdivision 1 of section 1.20 of the criminal procedure law, as amended by chapter 209 of the laws of 1990, is amended to add para- graph (b) to define an appearance ticket issued for a traffic infraction related to parking to the definition of an accusatory instrument, and to list the required elements for an appearance ticket to qualify as an accusatory instrument.
S5078 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5078 2019-2020 Regular Sessions I N S E N A T E April 8, 2019 ___________ Introduced by Sen. KAPLAN -- 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 the defi- nition of an accusatory instrument THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 1.20 of the criminal procedure law, as amended by chapter 209 of the laws of 1990, is amended to read as follows: 1. "Accusatory instrument" means: (A) an indictment, an indictment ordered reduced pursuant to subdivision one-a of section 210.20 of this chapter, an information, a simplified information, a prosecutor's infor- mation, a superior court information, a misdemeanor complaint or a felo- ny complaint. Every accusatory instrument, regardless of the person designated therein as accuser, constitutes an accusation on behalf of the state as plaintiff and must be entitled "the people of the state of New York" against a designated person, known as the defendant[.]; AND (B) AN APPEARANCE TICKET ISSUED FOR A PARKING INFRACTION WHEN (I) SUCH TICKET IS BASED ON PERSONAL KNOWLEDGE OR INFORMATION AND BELIEF OF THE POLICE OFFICER OR OTHER PUBLIC SERVANT WHO ISSUES THE TICKET, (II) THE POLICE OFFICER OR OTHER PUBLIC SERVANT WHO ISSUES SUCH TICKET VERIFIES THAT FALSE STATEMENTS MADE THEREIN ARE PUNISHABLE AS A CLASS A MISDEMEA- NOR, (III) THE INFRACTION OR INFRACTIONS CONTAINED THEREIN ARE STATED IN DETAIL AND NOT IN CONCLUSORY TERMS SO AS TO PROVIDE THE DEFENDANT WITH SUFFICIENT NOTICE INCLUDING, BUT NOT LIMITED, TO THE APPLICABLE PROVISION OF LAW ALLEGEDLY VIOLATED, AND THE DATE, TIME AND PARTICULAR PLACE OF THE ALLEGED INFRACTION, AND (IV) SUCH TICKET CONTAINS: (1) THE LICENSE PLATE DESIGNATION OF THE TICKETED VEHICLE, (2) THE LICENSE PLATE TYPE OF THE TICKETED VEHICLE, (3) THE EXPIRATION OF THE TICKETED VEHI- CLE'S REGISTRATION, (4) THE MAKE OR MODEL OF THE TICKETED VEHICLE, AND (5) THE BODY TYPE OF THE TICKETED VEHICLE, PROVIDED, HOWEVER, THAT WHERE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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