Assembly Bill A4536

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4536
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of  A.  LEVENBERG  --  read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  authorizing
   a  plea of guilty and payment of fines or penalties electronically via
   the internet
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 1805 of the vehicle and traffic law, as amended by
 chapter 182 of the laws of 2004, is amended to read as follows:
   § 1805. Plea of guilty, how put in. The provisions of  section  170.10
 of  the  criminal  procedure  law and the provisions of section eighteen
 hundred seven of this article may be waived, to the  extent  hereinafter
 indicated,  by  a defendant charged with a violation of any provision of
 the tax law or the transportation law regulating traffic, or  a  traffic
 infraction, as defined in this chapter, other than a third or subsequent
 speeding  violation  committed  within  a  period  of  eighteen  months,
 provided that [he] SUCH DEFENDANT shall submit  to  the  local  criminal
 court having jurisdiction, in person, by duly authorized agent, by first
 class mail or by registered or certified mail, return receipt requested,
 OR   ELECTRONICALLY   VIA  THE  INTERNET,  WHICH  METHOD  SHALL  INCLUDE
 INSTRUCTIONS RELATING TO THE USE OF AN ELECTRONIC SIGNATURE, an applica-
 tion setting forth (a) the nature of the charge, (b) the information  or
 instructions  required by section eighteen hundred seven of this article
 to be given  defendant  upon  arraignment,  (c)  that  defendant  waives
 arraignment  in  open  court  and the aid of counsel, (d) that [he] SUCH
 DEFENDANT pleads guilty to the offense as charged,  (e)  that  defendant
 elects  and  requests  that  the  charge  be disposed of and the fine or
 penalty fixed by the court, pursuant to this section, (f) any  statement
 or  explanation  that  the  defendant  may desire to make concerning the
 offense charged and (g) that defendant makes all statements with respect
 to such application under penalty of perjury. This application shall  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08544-01-5
              

 A. 4536                             2
 
 in  such  form  as  the  commissioner shall prescribe and a copy thereof
 shall be handed to the defendant by  the  officer  charging  [him]  SUCH
 DEFENDANT  with  such  offense.  Thereupon  the local criminal court may
 proceed as though the defendant had been convicted upon a plea of guilty
 in open court, provided, however, that any imposition of fine or penalty
 [hereunder]  PURSUANT  TO  THIS  SECTION shall be deemed tentative until
 such fine or penalty shall have been paid and discharged in full,  prior
 to  which  time such court, in its discretion, may annul any proceedings
 hereunder, including such tentative imposition of fine or  penalty,  and
 deny  the  application,  in  which event the charge shall be disposed of
 pursuant to the applicable provisions of law, as though  no  proceedings
 had been had under this section.  SUCH FINE OR PENALTY MAY BE PAID ELEC-
 TRONICALLY  VIA THE INTERNET IN A MANNER AND CONDITION PRESCRIBED BY THE
 COURT. If upon receipt of the aforesaid  application  such  court  shall
 deny the same, it shall thereupon inform the defendant of this fact, and
 that  [he  is]  THEY  ARE  required to appear before the said court at a
 stated time and place to answer the charge  which  shall  thereafter  be
 disposed of pursuant to the applicable provisions of law.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.