S T A T E O F N E W Y O R K ________________________________________________________________________ 2862 2011-2012 Regular Sessions I N A S S E M B L Y January 20, 2011 ___________ 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 S 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. LBD02655-02-1 A. 2862 2 1 S 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 S 4. This act shall take effect immediately.