| NY State Senate

assembly Bill A9486

2015-2016 Legislative Session

Eliminates the time of day limitations on the use of photo speed violation monitoring systems in school zones in the city of New York

download bill text pdf

Archive: Last Bill Status -

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (3)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2016	print number 9486a amend (t) and recommit to transportation
Mar 10, 2016	referred to transportation

Bill Amendments

Original (Active)

Co-Sponsors

A9486 - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1180-b, V & T L
Versions Introduced in 2015-2016 Legislative Session:: S6913A

A9486 - Summary

Eliminates the time of day limitations on the use of photo speed violation monitoring systems in school zones in the city of New York; eliminates the expiration and repeal of provisions of law authorizing the use of photo speed violation monitoring systems in school zones in such city.

A9486 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9486

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  eliminating
  the time of day restrictions on the use of photo speed violation moni-
  toring systems in school zones in the city of New York

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 1 of subdivision (a) of  section  1180-b  of  the
vehicle  and  traffic law, as amended by chapter 43 of the laws of 2014,
is amended to read as follows:
  1. Notwithstanding any other provision of law, the city of New York is
hereby authorized to establish a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an  operator  thereof
to comply with posted maximum speed limits in a school speed zone within
the city (i) when a school speed limit is in effect as provided in para-
graphs  one  and two of subdivision (c) of section eleven hundred eighty
of this article or (ii)  when  other  speed  limits  are  in  effect  as
provided  in  subdivision (b), (d), (f) or (g) of section eleven hundred
eighty of this article [during the following times: (A) on  school  days
during  school  hours  and one hour before and one hour after the school
day, and (B) a period during student activities at the school and up  to
thirty  minutes  immediately before and up to thirty minutes immediately
after such student activities]. Such demonstration program shall empower
the city to install photo speed violation monitoring systems  within  no
more  than  one  hundred forty school speed zones within the city at any
one time and to operate such systems within  such  zones  (iii)  when  a
school speed limit is in effect as provided in paragraphs one and two of
subdivision (c) of section eleven hundred eighty of this article or (iv)
when  other  speed  limits are in effect as provided in subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this article [during
the following times: (A) on school days during school hours and one hour
before and one hour after the  school  day,  and  (B)  a  period  during
student  activities  at  the school and up to thirty minutes immediately
before and up to thirty minutes immediately after  such  student  activ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14489-01-6

A. 9486                             2

ities]. In selecting a school speed zone in which to install and operate
a  photo  speed  violation  monitoring  system,  the city shall consider
criteria including, but not limited to the speed  data,  crash  history,
and the roadway geometry applicable to such school speed zone.
  S  2.  Paragraph 1 of subdivision (a) of section 1180-b of the vehicle
and traffic law, as added by chapter 189 of the laws of 2013, is amended
to read as follows:
  1. Notwithstanding any other provision of law, the city of New York is
hereby authorized to establish a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an  operator  thereof
to comply with posted maximum speed limits in a school speed zone within
the city (i) when a school speed limit is in effect as provided in para-
graphs  one  and two of subdivision (c) of section eleven hundred eighty
of this article or (ii)  when  other  speed  limits  are  in  effect  as
provided  in  subdivision (b), (d), (f) or (g) of section eleven hundred
eighty of this article [during the following times: (A) on  school  days
during  school  hours  and one hour before and one hour after the school
day, and (B) a period during student activities at the school and up  to
thirty  minutes  immediately before and up to thirty minutes immediately
after such student activities]. Such demonstration program shall empower
the city to install photo speed violation monitoring systems  within  no
more  than twenty school speed zones within the city at any one time and
to operate such systems within such zones  (iii)  when  a  school  speed
limit  is in effect as provided in paragraphs one and two of subdivision
(c) of section eleven hundred eighty of this article or (iv) when  other
speed  limits  are in effect as provided in subdivision (b), (d), (f) or
(g) of section eleven hundred eighty of this article [during the follow-
ing times: (A) on school days during school hours and  one  hour  before
and  one  hour  after  the  school  day, and (B) a period during student
activities at the school and up to thirty minutes immediately before and
up to thirty minutes immediately  after  such  student  activities].  In
selecting  a  school  speed zone in which to install and operate a photo
speed violation monitoring system,  the  city  shall  consider  criteria
including,  but  not  limited  to the speed data, crash history, and the
roadway geometry applicable to such school speed zone.
  S 3. Subdivision (b) of section 1180-b of the vehicle and traffic law,
as added by chapter 189 of the laws of  2013,  is  amended  to  read  as
follows:
  (b) If the city of New York establishes a demonstration program pursu-
ant  to subdivision (a) of this section, the owner of a vehicle shall be
liable for a penalty imposed pursuant to this section  if  such  vehicle
was  used  or  operated  with  the  permission  of the owner, express or
implied, within a school speed zone in violation of subdivision (c)  [or
during the times authorized pursuant to subdivision (a)] of this section
in  violation  of  subdivision  (b),  (d),  (f) or (g) of section eleven
hundred eighty of this article, such vehicle was traveling at a speed of
more than ten miles per hour above the  posted  speed  limit  in  effect
within such school speed zone, and such violation is evidenced by infor-
mation obtained from a photo speed violation monitoring system; provided
however that no owner of a vehicle shall be liable for a penalty imposed
pursuant  to  this  section  where the operator of such vehicle has been
convicted of the underlying violation of subdivision (b), (c), (d),  (f)
or (g) of section eleven hundred eighty of this article.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law; provided that the amendments to paragraph 1 of subdi-
vision (a) of section 1180-b of the vehicle and  traffic  law,  made  by

A. 9486                             3

section  one  of this act, shall not affect the expiration and reversion
of such paragraph pursuant to section 12 of chapter 43 of  the  laws  of
2014, as amended, when upon such date section two of this act shall take
effect;  and provided, further, that the amendments to section 1180-b of
the vehicle and traffic law made by this act shall not affect the  expi-
ration  and  repeal  of  such  section  and  shall  expire and be deemed
repealed therewith.

Co-Sponsors

A9486A - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1180-b, V & T L
Versions Introduced in 2015-2016 Legislative Session:: S6913A

A9486A - Summary

A9486A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9486--A

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced by M. of A. DenDEKKER, SIMON -- read once and referred to the
  Committee  on  Transportation  --  committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to  eliminating
  the time of day restrictions on the use of photo speed violation moni-
  toring  systems  in school zones in the city of New York; and to amend
  chapter 189 of the laws of 2013 amending the vehicle and  traffic  law
  and  the public officers law relating to establishing in a city with a
  population of one million or more a demonstration program implementing
  speed violation monitoring systems in school speed zones by  means  of
  photo devices, in relation to eliminating the expiration and repeal of
  the provisions thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 1 of subdivision (a) of  section  1180-b  of  the
vehicle  and  traffic law, as amended by chapter 43 of the laws of 2014,
is amended to read as follows:
  1. Notwithstanding any other provision of law, the city of New York is
hereby authorized to establish a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an  operator  thereof
to comply with posted maximum speed limits in a school speed zone within
the city (i) when a school speed limit is in effect as provided in para-
graphs  one  and two of subdivision (c) of section eleven hundred eighty
of this article or (ii)  when  other  speed  limits  are  in  effect  as
provided  in  subdivision (b), (d), (f) or (g) of section eleven hundred
eighty of this article [during the following times: (A) on  school  days
during  school  hours  and one hour before and one hour after the school
day, and (B) a period during student activities at the school and up  to
thirty  minutes  immediately before and up to thirty minutes immediately
after such student activities]. Such demonstration program shall empower
the city to install photo speed violation monitoring systems  within  no
more  than  one  hundred forty school speed zones within the city at any
one time and to operate such systems within  such  zones  (iii)  when  a
school speed limit is in effect as provided in paragraphs one and two of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14489-03-6

A. 9486--A                          2

subdivision (c) of section eleven hundred eighty of this article or (iv)
when  other  speed  limits are in effect as provided in subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this article [during
the following times: (A) on school days during school hours and one hour
before  and  one  hour  after  the  school  day, and (B) a period during
student activities at the school and up to  thirty  minutes  immediately
before  and  up  to thirty minutes immediately after such student activ-
ities]. In selecting a school speed zone in which to install and operate
a photo speed violation  monitoring  system,  the  city  shall  consider
criteria  including,  but  not limited to the speed data, crash history,
and the roadway geometry applicable to such school speed zone.
  S 2. Paragraph 1 of subdivision (a) of section 1180-b of  the  vehicle
and traffic law, as added by chapter 189 of the laws of 2013, is amended
to read as follows:
  1. Notwithstanding any other provision of law, the city of New York is
hereby authorized to establish a demonstration program imposing monetary
liability  on  the owner of a vehicle for failure of an operator thereof
to comply with posted maximum speed limits in a school speed zone within
the city (i) when a school speed limit is in effect as provided in para-
graphs one and two of subdivision (c) of section eleven  hundred  eighty
of  this  article  or  (ii)  when  other  speed  limits are in effect as
provided in subdivision (b), (d), (f) or (g) of section  eleven  hundred
eighty  of  this article [during the following times: (A) on school days
during school hours and one hour before and one hour  after  the  school
day,  and (B) a period during student activities at the school and up to
thirty minutes immediately before and up to thirty  minutes  immediately
after such student activities]. Such demonstration program shall empower
the  city  to install photo speed violation monitoring systems within no
more than twenty school speed zones within the city at any one time  and
to  operate  such  systems  within  such zones (iii) when a school speed
limit is in effect as provided in paragraphs one and two of  subdivision
(c)  of section eleven hundred eighty of this article or (iv) when other
speed limits are in effect as provided in subdivision (b), (d),  (f)  or
(g) of section eleven hundred eighty of this article [during the follow-
ing  times:  (A)  on school days during school hours and one hour before
and one hour after the school day,  and  (B)  a  period  during  student
activities at the school and up to thirty minutes immediately before and
up  to  thirty  minutes  immediately  after such student activities]. In
selecting a school speed zone in which to install and  operate  a  photo
speed  violation  monitoring  system,  the  city shall consider criteria
including, but not limited to the speed data,  crash  history,  and  the
roadway geometry applicable to such school speed zone.
  S 3. Subdivision (b) of section 1180-b of the vehicle and traffic law,
as  added  by  chapter  189  of  the laws of 2013, is amended to read as
follows:
  (b) If the city of New York establishes a demonstration program pursu-
ant to subdivision (a) of this section, the owner of a vehicle shall  be
liable  for  a  penalty imposed pursuant to this section if such vehicle
was used or operated with  the  permission  of  the  owner,  express  or
implied,  within a school speed zone in violation of subdivision (c) [or
during the times authorized pursuant to subdivision (a)] of this section
in violation of subdivision (b), (d),  (f)  or  (g)  of  section  eleven
hundred eighty of this article, such vehicle was traveling at a speed of
more  than  ten  miles  per  hour above the posted speed limit in effect
within such school speed zone, and such violation is evidenced by infor-
mation obtained from a photo speed violation monitoring system; provided

A. 9486--A                          3

however that no owner of a vehicle shall be liable for a penalty imposed
pursuant to this section where the operator of  such  vehicle  has  been
convicted  of the underlying violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this article.
  S  4.   The opening paragraph of section 15 of chapter 189 of the laws
of 2013 amending the vehicle and traffic law and the public officers law
relating to establishing in a city with a population of one  million  or
more  a  demonstration  program  implementing speed violation monitoring
systems in school speed zones by means of photo devices  is  amended  to
read as follows:
  S  15.  This act shall take effect on the thirtieth day after it shall
have become a law [and shall expire 5 years after  such  effective  date
when  upon  such  date  the  provisions  of  this  act  shall  be deemed
repealed]; [and] provided [further] that any  rules  necessary  for  the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided FURTHER that:
  S 5.  This act shall take effect immediately, except that sections one
and  three  of  this act shall take effect on the thirtieth day after it
shall have become a law; provided that the amendments to paragraph 1  of
subdivision  (a)  of section 1180-b of the vehicle and traffic law, made
by section one of this act, shall not affect the expiration  and  rever-
sion  of such paragraph pursuant to section 12 of chapter 43 of the laws
of 2014, as amended, when upon such date section two of this  act  shall
take effect.

Archive: Last Bill Status -

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (1)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2016	referred to labor

A9485 - Details

See Senate Version of this Bill:: S7425
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §25, Work Comp L

A9485 - Summary

Requires employers and insurers to offer direct deposit to recipients of workers' compensation payments.

A9485 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9485

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by M. of A. STECK -- read once and referred to the Committee
  on Labor

AN ACT to amend the workers' compensation  law  in  relation  to  direct
  deposit of compensation payments

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 9 of section 25 of  the  work-
ers'  compensation law, as amended by chapter 70 of the laws of 2005, is
amended to read as follows:
  (a) Compensation payments or  any  portion  of  compensation  payments
[may]  SHALL be allowed, upon the written request from an injured worker
or a person entitled to a death benefit provided by this chapter, to  be
deposited  directly  in a bank for any purpose to an account in the name
of such injured worker or person entitled to a death benefit,  on  forms
provided  by  the  board,  and  duly filed in accordance with such regu-
lations[, provided that an injured worker's employer, if  such  employer
is  an  authorized  self  insured employer, or otherwise such employer's
insurance carrier, has elected to permit  the  direct  deposit  of  such
compensation payments].
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14374-01-6

S T A T E O F N E W Y O R K ________________________________________________________________________ 9484 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. STECK -- read once and referred to the Committee on Mental Health AN ACT to amend the mental hygiene law, in relation to imposing a duty to protect upon mental health practitioners THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The mental hygiene law is amended by adding a new section 9.42 to read as follows: S 9.42 EFFORTS BY MENTAL HEALTH PRACTITIONERS TO REDUCE OR ELIMINATE RISKS OF HARM. (A) FOR PURPOSES OF THIS SECTION, THE TERM "MENTAL HEALTH PRACTITION- ER" SHALL INCLUDE ANY NEW YORK STATE LICENSED MENTAL HEALTH PRACTITION- ER, INCLUDING PHYSICIANS, PSYCHOLOGISTS, REGISTERED PSYCHIATRIC NURSES AND NURSE PRACTITIONERS, AND LICENSED CLINICAL SOCIAL WORKERS. (B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, WHEN A PERSON TO WHOM A MENTAL HEALTH PRACTITIONER IS CURRENTLY PROVIDING TREATMENT DIRECTLY COMMUNICATES A THREAT OF SERIOUS, IMMINENT HARM TO SELF OR AGAINST A READILY IDENTIFIABLE PERSON OR PERSONS, AND THE THREAT INCLUDES BOTH A SERIOUS INTENT TO ACT AND THE ABILITY TO CARRY OUT THE THREAT, THE MENTAL HEALTH PRACTITIONER SHALL BE REQUIRED TO MAKE TIMELY AND REASONABLE EFFORTS TO REDUCE OR ELIMINATE THE RISK OF HARM. FOR PURPOSES OF THIS SECTION, REASONABLE EFFORTS MAY INCLUDE, BUT ARE NOT LIMITED TO: MODIFYING ASPECTS OF THE TREATMENT IN ORDER TO REDUCE OR ELIMINATE THE RISK OF HARM; INITIATING PROCEDURES FOR HOSPITALIZATION; NOTIFYING THE INTENDED VICTIM OR VICTIMS; OR NOTIFYING LAW ENFORCEMENT OFFICIALS. (C) WHENEVER A MENTAL HEALTH PRACTITIONER IS REQUIRED TO MAKE TIMELY AND REASONABLE EFFORTS PURSUANT TO SUBDIVISION (B) OF THIS SECTION, HE OR SHE SHALL ALSO COMPLY WITH THE PROVISIONS OF SECTION 9.46 OF THIS ARTICLE. (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A MENTAL HEALTH PRACTITIONER TO TAKE ANY ACTION WHICH, IN THE EXERCISE OF REASON- ABLE PROFESSIONAL JUDGMENT, WOULD ENDANGER SUCH MENTAL HEALTH PRACTI- TIONER OR INCREASE THE DANGER TO A POTENTIAL VICTIM OR VICTIMS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.

S T A T E O F N E W Y O R K ________________________________________________________________________ 9483 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Mental Health AN ACT to amend the public health law, in relation to enacting the "fair access to individualized residences (FAIR) act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature hereby finds that many parents and family members of developmentally disabled children have cared for their loved ones for decades and now many of these family caregivers are elderly with their own age related disabilities. Increas- ingly, they can no longer manage the challenge of caring for an adult child who may have significant and challenging emotional and physical needs. In fact, estimates are that approximately 25% of developmentally disabled New Yorkers, or approximately 50,000 individuals, live with family caregivers who are over the age of 60. Many of these adult chil- dren need or will soon need out of home residential placements for living situations which are increasingly untenable. This situation has reached crisis proportions. Complicating matters is the fact that there is a shortage of residential placements and the process for providing those placements to those most in need is not transparent, consistent or uniform across the state. Residential placements are not necessarily allocated based on need. Nor does such allocation take into account the viability of an individual's current residential situation or any recog- nition of the long-standing contribution and sacrifice family caregivers have made caring for their loved ones at home at considerable savings to the state. Instead, placements are often allocated based on an individ- ual's designation as a member of a particular class or "special popu- lation" of people with developmental disabilities. Therefore, the state must develop and implement a clear, consistent and uniform policy for ensuring that placements go to individuals most in need. This must include recognition of the viability of an individ- ual's living situation with a family caregiver as well as the sacrifice that many of these caregivers have made for years or even decades. Fami- lies must regain the confidence that the means will exist so that their EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.

LBD14046-03-6 A. 9483 2 children will receive care even when they can no longer provide it. The legislature finds that the adoption of this act is an important step toward making this commitment a reality. S 2. Short title. This act shall be known and may be cited as the "fair access to individualized residences (FAIR) act". S 3. The public health law is amended by adding a new section 207-a to read as follows: S 207-A. PRIORITY PLACEMENT PROCESS FOR CERTAIN DEVELOPMENTALLY DISA- BLED PERSONS. THE COMMISSIONER AND THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES SHALL, IN COOPERATION WITH INTERESTED PARTIES INCLUDING, BUT NOT LIMITED TO, FAMILY MEMBERS, SELF-ADVOCATES, PROVIDERS AND STATE OFFICIALS, DEVELOP A STATEWIDE, UNIFORM AND TRANSPARENT PROCESS FOR ASSIGNING OUT OF HOME RESIDENTIAL PLACEMENTS OF DEVELOPMENTALLY DISABLED PERSONS ON A PRIORITY BASIS. THE PROCESS SHALL INCLUDE THE FOLLOWING CRITERIA: 1. THE EXTENT OF AN INDIVIDUAL'S DISABILITY AS MEASURED BY A UNIFORM AND RECOGNIZED ASSESSMENT METHODOLOGY; 2. THE NATURE OF THE INDIVIDUAL'S LIVING SITUATION WHICH SHALL TAKE INTO ACCOUNT THE AGE AND HEALTH OF FAMILY CAREGIVERS, THE ABILITY OF FAMILY CAREGIVERS TO CONTINUE TO PROVIDE CARE, THE LENGTH OF TIME FAMILY CAREGIVERS HAVE CARED FOR THE INDIVIDUAL WITH DEVELOPMENTAL DISABILITIES AT HOME, THE INABILITY OF FAMILY CAREGIVERS TO MANAGE THE INDIVIDUAL'S NEEDS, INCLUDING BEHAVIORAL NEEDS, THE LIKELIHOOD THE FAMILY CAREGIVERS WILL OR MUST ALTER THEIR LIVING SITUATION SO THAT CONTINUING CARE IS NO LONGER PRACTICAL, AND OTHER FACTORS RELATING TO THE ABILITY OF FAMILY CAREGIVERS TO CONTINUE TO PROVIDE CARE; AND 3. WHETHER AN INDIVIDUAL IS CATEGORIZED FOR PLACEMENT PURPOSES AS A PRIORITY ONE INDIVIDUAL AS DEFINED IN THE STATE'S HOME AND COMMUNITY BASED SERVICES WAIVER APPLICATION. INDIVIDUALS SHALL NOT AUTOMATICALLY BE DESIGNATED PRIORITY ONE BASED SOLELY ON THEIR STATUS AS A PERSON BELONGING TO A "SPECIAL POPULATION." HOWEVER, IN THE EVENT THAT A DEVEL- OPMENTAL DISABILITIES REGIONAL OFFICE HAS DETERMINED THAT A PERSON DESIGNATED AS A MEMBER OF A "SPECIAL POPULATION," AND THAT SUCH PERSON MEETS THE CRITERIA FOR PRIORITY ONE, AND THAT AN EMERGENCY EXISTS, AS DEFINED BY SUCH WAIVER; THE DEVELOPMENTAL DISABILITIES REGIONAL OFFICE MAY MAKE A REFERRAL TO A PROVIDER FOR AN EVALUATION AND PLACEMENT. THE DEPARTMENT, IN CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOP- MENTAL DISABILITIES, SHALL SEEK ANY NECESSARY AMENDMENTS TO THE STATE'S HOME AND COMMUNITY BASED SERVICES WAIVER APPLICATION TO EFFECTUATE THE PURPOSES OF THIS SECTION. S 4. The commissioner of health and the commissioner of developmental disabilities shall implement the provisions of this act within 120 days of the effective date thereof. S 5. This act shall take effect immediately.

S T A T E O F N E W Y O R K ________________________________________________________________________ 9482 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to use of mobile telephones and portable electronic devices while a child is in a motor vehicle THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 1225-c of the vehicle and traffic law, as amended by section 6 of part B of chapter 55 of the laws of 2014, is amended to read as follows: 4. A violation of subdivision two of this section shall be a traffic infraction and shall be punishable by a fine of not less than fifty dollars nor more than two hundred dollars upon conviction of a first violation; upon conviction of a second violation, both of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars; upon conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less than fifty dollars nor more than four hundred fifty dollars; PROVIDED, HOWEV- ER, THAT IF A CHILD WHO IS FIFTEEN YEARS OF AGE OR LESS IS IN THE MOTOR VEHICLE AT THE TIME OF THE VIOLATION OF SUBDIVISION TWO OF THIS SECTION, SUCH VIOLATION SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS, IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR BOTH SUCH FINE AND IMPRISONMENT. S 2. Subdivision 6 of section 1225-d of the vehicle and traffic law, as amended by section 7 of part B of chapter 55 of the laws of 2014, is amended to read as follows: 6. A violation of this section shall be a traffic infraction and shall be punishable by a fine of not less than fifty dollars nor more than two hundred dollars upon conviction of a first violation; upon conviction of a second violation, both of which were committed within a period of eighteen months, such violation shall be punished by a fine of not less EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2016	referred to mental health

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2016	referred to mental health

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2016	referred to transportation

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 25, 2016	signed chap.459
Nov 16, 2016	delivered to governor
Jun 15, 2016	returned to assembly passed senate 3rd reading cal.1580 substituted for s7246
Mar 28, 2016	referred to codes delivered to senate passed assembly
Mar 24, 2016	advanced to third reading cal.466
Mar 22, 2016	reported
Mar 10, 2016	referred to codes

Assembly Actions - Lowercase
Senate Actions - UPPERCASE

Nov 25, 2016

signed chap.459

Nov 16, 2016

delivered to governor

Jun 15, 2016

returned to assembly
passed senate
3rd reading cal.1580
substituted for s7246

Mar 28, 2016

referred to codes
delivered to senate
passed assembly

Mar 24, 2016

advanced to third reading cal.466

Mar 22, 2016

reported

Mar 10, 2016

referred to codes

S T A T E O F N E W Y O R K ________________________________________________________________________ 9522 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. RICHARDSON, LENTOL -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to granting a defendant poor person relief on appeal 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 380.55 to read as follows: S 380.55 APPLICATION FOR POOR PERSON RELIEF ON APPEAL. WHERE COUNSEL HAS BEEN ASSIGNED TO REPRESENT A DEFENDANT AT TRIAL ON THE GROUND THAT THE DEFENDANT IS FINANCIALLY UNABLE TO RETAIN COUNSEL, THE COURT MAY IN ITS DISCRETION AT THE TIME OF SENTENCING ENTERTAIN AN APPLICATION TO GRANT THE DEFENDANT POOR PERSON RELIEF ON APPEAL. AS PART OF AN APPLICATION FOR SUCH RELIEF, ASSIGNED COUNSEL MUST REPRESENT THAT THE DEFENDANT CONTINUES TO BE ELIGIBLE FOR ASSIGNMENT OF COUNSEL AND THAT GRANTING THE APPLICATION WILL EXPEDITE THE APPEAL. IF THE COURT GRANTS THE APPLICATION, IT SHALL FILE A WRITTEN ORDER AND SHALL PROVIDE A COPY OF THE ORDER TO THE APPROPRIATE APPELLATE COURT. THE DENIAL OF AN APPLICATION SHALL NOT PRECLUDE THE DEFENDANT FROM MAKING A DE NOVO APPLICATION FOR POOR PERSON RELIEF TO THE APPROPRIATE APPELLATE COURT. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13998-01-6

S T A T E O F N E W Y O R K ________________________________________________________________________ 9521 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. JOYNER, LENTOL -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to erroneously excluded evidence and trial orders of dismissal, and repealing certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2 and 3 of section 290.10 of the criminal procedure law are REPEALED. S 2. Subdivision 1 of section 450.40 of the criminal procedure law is amended to read as follows: 1. An appeal by the people from a trial order of dismissal, as authorized by subdivision two of section 450.20, may, as indicated by section 290.10, be based [either (a)] upon the ground that the evidence adduced at the trial was legally sufficient to support the count or counts of the accusatory instrument dismissed by the order[, or (b) upon the ground that, though not legally sufficient, such evidence would have been legally sufficient had the court not erroneously excluded admissi- ble evidence offered by the people]. S 3. Subdivision 2 of section 450.40 of the criminal procedure law is REPEALED. S 4. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13999-01-6

S T A T E O F N E W Y O R K ________________________________________________________________________ 9481 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. CRESPO, SEPULVEDA, RAMOS, PICHARDO, ARROYO, DAVI- LA, LINARES, RIVERA, RODRIGUEZ, MOYA, DILAN -- read once and referred to the Committee on Judiciary AN ACT to amend the criminal procedure law, the domestic relations law and the judiciary law, in relation to translation services for certain orders by courts of competent jurisdiction THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 530.12 of the criminal procedure law is amended by adding a new subdivision 16 to read as follows: 16. THE COURT OF COMPETENT JURISDICTION SHALL PROVIDE TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS PROVIDED BY PARAGRAPH (U) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO ANY DEFENDANT AND/OR PERSON PROTECTED BY SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE ENGLISH LANGUAGE. SUCH TRANSLATION, OR THE INABILITY TO TRANSLATE INTO A DEFENDANT'S NATIVE LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. S 2. Section 530.13 of the criminal procedure law is amended by adding a new subdivision 10 to read as follows: 10. THE COURT OF COMPETENT JURISDICTION SHALL PROVIDE TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS PROVIDED BY PARAGRAPH (U) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO ANY DEFENDANT AND/OR PERSON PROTECTED BY SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE ENGLISH LANGUAGE. SUCH TRANSLATION, OR THE INABILITY TO TRANSLATE INTO A DEFENDANT'S NATIVE LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. S 3. Subdivision 3 of section 240 of the domestic relations law is amended by adding a new paragraph a-1 to read as follows: A-1. THE COURT OF COMPETENT JURISDICTION SHALL PROVIDE TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS PROVIDED BY PARAGRAPH (U) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO ANY RESPONDENT AND/OR PERSON PROTECTED BY SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE ENGLISH LANGUAGE. SUCH TRANSLATION, OR THE INABILITY TO TRANSLATE INTO A RESPONDENT'S EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.

LBD00095-06-6 A. 9481 2 NATIVE LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. S 4. Section 252 of the domestic relations law is amended by adding a new subdivision 1-a to read as follows: 1-A. THE COURT OF COMPETENT JURISDICTION SHALL PROVIDE TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS PROVIDED BY PARAGRAPH (U) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO ANY RESPONDENT AND/OR PERSON PROTECTED BY SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE ENGLISH LANGUAGE. SUCH TRANSLATION, OR THE INABILITY TO TRANSLATE INTO A RESPONDENT'S NATIVE LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. S 5. Subdivision 2 of section 212 of the judiciary law is amended by adding a new paragraph (u) to read as follows: (U) (I) PROVIDE TRANSLATION SERVICES TO ALL COURTS TO ASSIST IN THE TRANSLATION OF ALL ORDERS OF PROTECTION OR TEMPORARY ORDERS OF PROTECTION WHERE THE PETITIONER OR RESPONDENT, OR VICTIM OR DEFENDANT, IS NOT FLUENT IN THE ENGLISH LANGUAGE. (II) SUCH TRANSLATION SERVICES SHALL BE MADE AVAILABLE TO ALL FAMILY COURTS AND CRIMINAL COURTS THAT ISSUE ORDERS OF PROTECTION OR TEMPORARY ORDERS OF PROTECTION, AND SHALL BE MADE AVAILABLE IN THE TEN MOST FREQUENTLY USED LANGUAGES IN NEW YORK STATE, AS WELL AS ANY ADDITIONAL LANGUAGES THAT THE CHIEF ADMINISTRATOR OF THE COURTS DEEMS APPROPRIATE. (III) TRANSLATION SERVICES MAY BE PROVIDED THROUGH THE USE OF COMPUTER SOFTWARE, BUT MUST ALSO BE AVAILABLE THROUGH AUDIO MEANS FOR THE VISUAL- LY IMPAIRED. (IV) TRANSLATION SERVICES SHALL NOT AFFECT THE VALIDITY OR ENFORCEA- BILITY OF ANY ORDER. S 6. The chief administrator of the courts may promulgate rules and regulations in order to effectuate the provisions of this act. S 7. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to orders of protection issued on or after such effective date.

S T A T E O F N E W Y O R K ________________________________________________________________________ 9520 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. LENTOL -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to preliminary proceedings involving apparently eligible juvenile offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 720.15 of the criminal procedure law, as amended by chapter 774 of the laws of 1985, is amended to read as follows: 3. The provisions of subdivisions one and two of this section requir- ing or authorizing the accusatory instrument filed against a youth to be sealed, and the arraignment and all proceedings in the action to be conducted in private shall not apply in connection with a pending charge of committing any felony offense as defined in the penal law, EXCEPT WHERE THE YOUTH IS A JUVENILE OFFENDER AND THE ACCUSATORY INSTRUMENT IS PENDING IN A LOCAL CRIMINAL COURT. The provisions of subdivision one requiring the accusatory instrument filed against a youth to be sealed shall not apply where such youth has previously been adjudicated a youthful offender or convicted of a crime. S 2. This act shall take effect immediately and shall apply to crimi- nal actions commenced on or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13991-01-6

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2016	referred to codes

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2016	referred to judiciary

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2016	referred to codes

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 28, 2016	referred to codes delivered to senate passed assembly
Mar 24, 2016	advanced to third reading cal.465
Mar 22, 2016	reported
Mar 10, 2016	referred to codes

Assembly Actions - Lowercase
Senate Actions - UPPERCASE

Mar 28, 2016

referred to codes
delivered to senate
passed assembly

Mar 24, 2016

advanced to third reading cal.465

Mar 22, 2016

reported

Mar 10, 2016

referred to codes

S T A T E O F N E W Y O R K ________________________________________________________________________ 9519 I N A S S E M B L Y March 10, 2016 ___________ Introduced by M. of A. MOSLEY, LENTOL -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to availability of pre-sentencing reports THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 2 of section 390.50 of the criminal procedure law, as amended by section 5 of part OO of chapter 56 of the laws of 2010, is amended to read as follows: (a) Not less than one court day prior to sentencing, unless such time requirement is waived by the parties, the pre-sentence report or memo- randum shall be made available by the court for examination and for copying by the defendant's attorney, the defendant himself, if he has no attorney, and the prosecutor. In its discretion, the court may except from disclosure a part or parts of the report or memoranda which are not relevant to a proper sentence, or a diagnostic opinion which might seri- ously disrupt a program of rehabilitation, or sources of information which have been obtained on a promise of confidentiality, or any other portion thereof, disclosure of which would not be in the interest of justice. In all cases where a part or parts of the report or memoranda are not disclosed, the court shall state for the record that a part or parts of the report or memoranda have been excepted and the reasons for its action. The action of the court excepting information from disclo- sure shall be subject to appellate review. The pre-sentence report shall be made available by the court for examination and copying in connection with any appeal OR POST-JUDGEMENT MOTION in the case, including an appeal under this subdivision. Upon written request, the court shall make a copy of the presentence report, other than a part or parts of the report redacted by the court pursuant to this paragraph, available to the defendant for use before the parole board for release consideration or an appeal of a parole board determination. In his or her written request to the court the defendant shall affirm that he or she antic- ipates an appearance before the parole board or intends to file an EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.

assembly Bill A9486

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Jo Anne Simon

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Jo Anne Simon

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assembly Bill A9485

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assembly Bill A9484

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assembly Bill A9483

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assembly Bill A9482

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assembly Bill A9522

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assembly Bill A9521

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