S T A T E O F N E W Y O R K
________________________________________________________________________
7027
2023-2024 Regular Sessions
I N A S S E M B L Y
May 10, 2023
___________
Introduced by M. of A. ZEBROWSKI, WILLIAMS, PAULIN, McDONALD, LAVINE --
read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to including an
E felony in the exceptions to the authority of a police officer to
arrest a person without a warrant and to the authority of a public
servant other than a police officer to serve an appearance ticket
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 and subdivisions 2 and 3 of
section 150.20 of the criminal procedure law, paragraph (a) of subdivi-
sion 1 as amended by section 1-a of part JJJ of chapter 59 of the laws
of 2019 and subdivisions 2 and 3 as amended by chapter 550 of the laws
of 1987, are amended to read as follows:
(a) Whenever a police officer is authorized pursuant to section 140.10
of this title to arrest a person without a warrant for an offense other
than a class A, B, C [or], D OR E felony or a violation of section
130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, he
shall, except as set out in paragraph (b) of this subdivision, subject
to the provisions of subdivisions three and four of section 150.40 of
this [title] ARTICLE, instead issue to and serve upon such person an
appearance ticket.
2. (a) Whenever a police officer has arrested a person without a
warrant for an offense other than a class A, B, C [or], D OR E felony or
a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56
of the penal law pursuant to section 140.10 OF THIS TITLE, or (b) when-
ever a peace officer, who is not authorized by law to issue an appear-
ance ticket, has arrested a person for an offense other than a class A,
B, C [or], D OR E felony or a violation of section 130.25, 130.40,
205.10, 205.17, 205.19 or 215.56 of the penal law pursuant to section
140.25 OF THIS TITLE, and has requested a police officer to issue and
serve upon such arrested person an appearance ticket pursuant to subdi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10624-01-3
A. 7027 2
vision four of section 140.27, or (c) whenever a person has been
arrested for an offense other than a class A, B, C [or], D OR E felony
or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or
215.56 of the penal law and has been delivered to the custody of an
appropriate police officer pursuant to section 140.40 OF THIS TITLE,
such police officer may, instead of bringing such person before a local
criminal court and promptly filing or causing the arresting peace offi-
cer or arresting person to file a local criminal court accusatory
instrument therewith, issue to and serve upon such person an appearance
ticket. [The issuance and service of an appearance ticket under such
circumstances may be conditioned upon a deposit of pre-arraignment bail,
as provided in section 150.30.]
3. A public servant other than a police officer, who is specially
authorized by state law or local law enacted pursuant to the provisions
of the municipal home rule law to issue and serve appearance tickets
with respect to designated offenses other than class A, B, C [or], D OR
E felonies or violations of section 130.25, 130.40, 205.10, 205.17,
205.19 or 215.56 of the penal law, may in such cases issue and serve
upon a person an appearance ticket when he has reasonable cause to
believe that such person has committed a crime, or has committed a petty
offense in his presence.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.