senate Bill S5078

Signed By Governor
2019-2020 Legislative Session

Relates to the definition of an accusatory instrument

download bill text pdf

Sponsored By

Current Bill Status Via A2333 - Signed by Governor


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 08, 2019 signed chap.450
Oct 28, 2019 delivered to governor
Jun 18, 2019 returned to assembly
passed senate
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

S5078 (ACTIVE) - Details

See Assembly Version of this Bill:
A2333
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§1.20 & 150.50, CP L
Versions Introduced in 2017-2018 Legislative Session:
S9075, A8687

S5078 (ACTIVE) - Summary

Relates to the definition of an accusatory instrument; provides that a parking ticket may be an accusatory instrument if certain criteria are met.

S5078 (ACTIVE) - Sponsor Memo

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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