Bill Text: NY A01864 | 2017-2018 | General Assembly | Introduced

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Bill Title: Permits the electronic filing of papers in local criminal courts in certain instances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A01864 Detail]

Download: New_York-2017-A01864-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1864
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 13, 2017
                                       ___________
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Codes
        AN ACT to amend the criminal procedure law, in  relation  to  permitting
          the  electronic  filing  of  papers  in  local  criminal courts, where
          authorized by law
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  5  of section 1.20 of the criminal procedure
     2  law, as separately amended by chapters 315, 383 and 729 of the  laws  of
     3  1972, is amended to read as follows:
     4    [5.  "Simplified traffic information" means a written accusation, more
     5  fully defined and described in article one hundred, by a police  officer
     6  or  other  public  servant authorized by law to issue same, filed with a
     7  local criminal court,  which,  being  in  a  brief  or  simplified  form
     8  prescribed  by the commissioner of motor vehicles, charges a person with
     9  one or more traffic infractions or misdemeanors relating to traffic, and
    10  which may serve both to commence a criminal action for such offense  and
    11  as a basis for prosecution thereof.]
    12    §  2.  Paragraph  (b) of subdivision 5 of section 1.20 of the criminal
    13  procedure law, as amended by chapter 661 of the laws of 1972, is amended
    14  to read as follows:
    15    (b) "Simplified  traffic  information"  means  a  written  accusation,
    16  including  an  accusation written in electronic form where authorized by
    17  law, by a police officer, or other public servant authorized by  law  to
    18  issue  same,  more  fully  defined and described in article one hundred,
    19  filed with a local criminal court, which, being in a brief or simplified
    20  form prescribed by the commissioner of motor vehicles, charges a  person
    21  with  one  or more traffic infractions or misdemeanors relating to traf-
    22  fic, and which may serve both to commence a  criminal  action  for  such
    23  offense and as a basis for prosecution thereof.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04471-01-7
        A. 1864                             2
     1    §  3.  Subdivision 17 of section 1.20 of the criminal procedure law is
     2  amended to read as follows:
     3    17.  "Commencement of criminal action." A criminal action is commenced
     4  by the filing, including filing by electronic means where authorized  by
     5  law,  of  an  accusatory  instrument  against  a defendant in a criminal
     6  court, and, if more than one  accusatory  instrument  is  filed  in  the
     7  course of the action, it commences when the first of such instruments is
     8  filed.
     9    § 4. This act shall take effect immediately.