§ 150.20 Appearance ticket; when and by whom issuable.

1. * (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 felony or a violation of section 130.25,
130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, or other than
where an arrest is required to be made pursuant to subdivision four of
section 140.10 of this title, the officer 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, instead
issue to and serve upon such person an appearance ticket.

* NB Effective until September 1, 2024

* (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 felony or a violation of section 130.25,
former section 130.40, section 205.10, 205.17, 205.19 or 215.56 of the
penal law, or other than where an arrest is required to be made pursuant
to subdivision four of section 140.10 of this title, the officer 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, instead issue to and serve upon such person an appearance ticket.

* NB Effective September 1, 2024

(b) An officer is not required to issue an appearance ticket if:

(i) the person has one or more outstanding local criminal court or
superior court warrants;

(ii) the person has failed to appear in court proceedings in the last
two years;

(iii) the person has been given a reasonable opportunity to make their
verifiable identity and a method of contact known, and has been unable
or unwilling to do so, so that a custodial arrest is necessary to
subject the individual to the jurisdiction of the court. For the
purposes of this section, an officer may rely on various factors to
determine a person's identity, including but not limited to personal
knowledge of such person, such person's self-identification, or
photographic identification. There is no requirement that a person
present photographic identification in order to be issued an appearance
ticket in lieu of arrest where the person's identity is otherwise
verifiable; however, if offered by such person, an officer shall accept
as evidence of identity the following: a valid driver's license or
non-driver identification card issued by the commissioner of motor
vehicles, the federal government, any United States territory,
commonwealth or possession, the District of Columbia, a state government
or municipal government within the United States or a provincial
government of the dominion of Canada; a valid passport issued by the
United States government or any other country; an identification card
issued by the armed forces of the United States; a public benefit card,
as defined in paragraph (a) of subdivision one of section 158.00 of the
penal law;

(iv) the person is charged with a crime between members of the same
family or household, as defined in subdivision one of section 530.11 of
this chapter;

(v) the person is charged with a crime defined in article 130 of the
penal law;

(vi) it reasonably appears the person should be brought before the
court for consideration of issuance of an order of protection, pursuant
to section 530.13 of this chapter, based on the facts of the crime or
offense that the officer has reasonable cause to believe occurred;

(vii) the person is charged with a crime for which the court may
suspend or revoke his or her driver license;

(viii) it reasonably appears to the officer, based on the observed
behavior of the individual in the present contact with the officer and
facts regarding the person's condition that indicates a sign of distress
to such a degree that the person would face harm without immediate
medical or mental health care, that bringing the person before the court
would be in such person's interest in addressing that need; provided,
however, that before making the arrest, the officer shall make all
reasonable efforts to assist the person in securing appropriate
services;

(ix) the person is eighteen years of age or older and charged with
criminal possession of a weapon on school grounds as defined in section
265.01-a of the penal law;

(x) the person is eighteen years of age or older and charged with a
hate crime as defined in section 485.05 of the penal law; or

(xi) the offense is a qualifying offense pursuant to paragraph (t) of
subdivision four of section 510.10 of this chapter, or pursuant to
paragraph (t) of subdivision four of section 530.40 of this chapter.

2. (a) Whenever, pursuant to section 140.10 of this title, a police
officer has arrested a person without a warrant for an offense other
than a class A, B, C or D felony or a violation of section 130.25,
130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law or other than
where an arrest was required to be made pursuant to subdivision four of
section 140.10 of this title, or (b) whenever a peace officer, who is
not authorized by law to issue an appearance ticket, has arrested a
person for an offense other than a class A, B, C or D 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 such peace
officer has requested a police officer to issue and serve upon such
arrested person an appearance ticket pursuant to subdivision four of
section 140.27 of this title, or (c) whenever a person has been arrested
for an offense other than a class A, B, C or D felony or a violation of
section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal
law and such person 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 officer or
arresting person to file a local criminal court accusatory instrument
therewith, issue to and serve upon such person an appearance ticket.

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
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.