assembly Bill A2306

2021-2022 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

Current Bill Status - In Assembly 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Jan 14, 2021 referred to codes

Co-Sponsors

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A2306 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §140.60, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9898
2017-2018: A3201
2019-2020: A4053

A2306 (ACTIVE) - Summary

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

A2306 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2306
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of A. AUBRY, QUART, DARLING, FRONTUS, BARRON, PERRY,
   WALKER,  FERNANDEZ,   D. ROSENTHAL,   EPSTEIN,   HEVESI,   DE LA ROSA,
   O'DONNELL,  CRUZ, REYES, TAYLOR, L. ROSENTHAL, NIOU, SIMON, KIM, RICH-
   ARDSON, CARROLL, GLICK, PICHARDO, RODRIGUEZ, DAVILA, MAGNARELLI, STECK
   -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.