Assembly Bill A8133

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8133
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 1, 2025
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to allowing
   defendants  to  respond  to  appearance  tickets  for  certain   local
   violations by mail
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 1 of  section  170.10  of  the
 criminal  procedure  law, as amended by chapter 661 of the laws of 1972,
 is amended and two new paragraphs (c) and  (d)  are  added  to  read  as
 follows:
   (b)  In  any case in which the defendant's appearance is required by a
 summons or an appearance ticket, the court in its  discretion  may,  for
 good  cause  shown, permit the defendant to appear by counsel instead of
 in person[.]; OR
   (C) IN ANY CASE IN WHICH AN APPEARANCE TICKET HAS BEEN  ISSUED  FOR  A
 VIOLATION OF A LOCAL ZONING ORDINANCE OR LOCAL ZONING LAW OR OF A BUILD-
 ING  OR SANITATION CODE AND SUCH VIOLATION IS PUNISHABLE BY A PENALTY OF
 NO GREATER THAN FIVE HUNDRED DOLLARS, THE DEFENDANT MAY ENTER A PLEA  OF
 NOT  GUILTY  BY  MAILING  TO  THE  COURT OF APPROPRIATE JURISDICTION THE
 APPEARANCE TICKET INDICATING SUCH PLEA.  SUCH  PLEA  SHALL  BE  SENT  BY
 REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED OR BY FIRST CLASS
 MAIL.  UPON RECEIPT OF SUCH TICKET AND STATEMENT, THE COURT SHALL ADVISE
 THE DEFENDANT, BY FIRST CLASS MAIL, OF AN APPEARANCE AT WHICH NO  TESTI-
 MONY  SHALL  BE  TAKEN.  IF  A TRIAL IS REQUESTED, THE COURT SHALL SET A
 TRIAL DATE ON A DATE SUBSEQUENT TO THE DATE OF  THE  INITIAL  APPEARANCE
 AND  SHALL  NOTIFY  THE  DEFENDANT  OF  THE  DATE  BY  FIRST CLASS MAIL;
 PROVIDED, HOWEVER, THAT NO WARRANT OF ARREST FOR FAILURE TO  APPEAR  MAY
 BE ISSUED UNTIL THE DEFENDANT IS NOTIFIED OF A NEW COURT APPEARANCE DATE
 BY  REGISTERED  OR  CERTIFIED  MAIL,  RETURN  RECEIPT REQUESTED AND SUCH
 DEFENDANT FAILS TO APPEAR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11646-01-5
              

 A. 8133                             2
 
   (D) A DEFENDANT MAY ENTER A PLEA OF GUILTY BY MAILING TO THE COURT  OF
 APPROPRIATE  JURISDICTION BY FIRST CLASS MAIL OR BY REGISTERED OR CERTI-
 FIED MAIL, RETURN RECEIPT REQUESTED, THE APPEARANCE TICKET AND AN APPLI-
 CATION SETTING FORTH: (I) THE NATURE OF THE CHARGE, (II) THE INFORMATION
 OR  INSTRUCTIONS REQUIRED TO BE GIVEN TO THE DEFENDANT UPON ARRAIGNMENT,
 (III) THAT DEFENDANT WAIVES ARRAIGNMENT IN OPEN COURT  AND  THE  AID  OF
 COUNSEL,  (IV)  THAT  DEFENDANT PLEADS GUILTY TO THE OFFENSE AS CHARGED,
 (V) THAT DEFENDANT ELECTS AND REQUESTS THAT THE CHARGE  BE  DISPOSED  OF
 AND  THE FINE OR PENALTY FIXED BY THE COURT, PURSUANT TO THE LOCAL ORDI-
 NANCE OR CODE, (VI) ANY STATEMENT OR EXPLANATION THAT THE DEFENDANT  MAY
 DESIRE  TO MAKE CONCERNING THE OFFENSE CHARGED, AND (VII) THAT DEFENDANT
 MAKES ALL STATEMENTS WITH RESPECT TO SUCH APPLICATION UNDER  PENALTY  OF
 PERJURY.  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 PURSUANT TO
 THIS SUBPARAGRAPH 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 APPLICA-
 BLE PROVISIONS OF LAW, AS THOUGH NO  PROCEEDINGS  OCCURRED  PURSUANT  TO
 THIS  SUBPARAGRAPH.  IF  UPON  RECEIPT OF THE AFORESAID APPLICATION SUCH
 COURT SHALL DENY SUCH APPLICATION, THE COURT SHALL THEREUPON INFORM  THE
 DEFENDANT  OF  THIS  FACT  AND  THAT THE DEFENDANT IS REQUIRED TO APPEAR
 BEFORE SUCH 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. Paragraph (a) of subdivision 2 of section 340.20 of the criminal
 procedure law, as amended by chapter 430 of the laws of 1974, is amended
 and a new paragraph (c) is added to read as follows:
   (a)  Subject to the provisions of [paragraph] PARAGRAPHS (b)  AND  (C)
 OF  THIS SUBDIVISION, a plea to an information must be entered orally by
 the defendant in person unless the court permits entry thereof by  coun-
 sel  upon the filing by [him] SUCH DEFENDANT of a written and subscribed
 statement by the defendant declaring that [he waives his] SUCH DEFENDANT
 WAIVES THEIR right to plead to the information in person and authorizing
 [his] THE DEFENDANT'S attorney to enter a plea on [his] THE  DEFENDANT'S
 behalf as set forth in the authorization.
   (C)  IF THE ONLY OFFENSE OR OFFENSES CHARGED IS A VIOLATION OF A LOCAL
 ZONING ORDINANCE OR LOCAL ZONING LAW OR OF A BUILDING OR SANITATION CODE
 AND SUCH VIOLATION IS PUNISHABLE BY A PENALTY OF NO  GREATER  THAN  FIVE
 HUNDRED  DOLLARS, THE PROCEDURE PROVIDED IN SECTION 170.10 OF THIS PART,
 RELATING TO PLEAS IN SUCH CASES, IS, WHEN  APPROPRIATE,  APPLICABLE  AND
 CONTROLLING.
   § 3. This act shall take effect immediately.