Bill Text: NY A03702 | 2013-2014 | General Assembly | Amended
Bill Title: Authorizes the city of Buffalo to provide by local law for the adjudication of traffic infractions.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-06-19 - substituted by s870c [A03702 Detail]
Download: New_York-2013-A03702-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3702--C 2013-2014 Regular Sessions I N A S S E M B L Y January 28, 2013 ___________ Introduced by M. of A. PEOPLES-STOKES, RYAN -- Multi-Sponsored by -- M. of A. COLTON, RIVERA -- read once and referred to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Transportation in accordance with Assembly Rule 3, sec. 2 -- 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 directing the city of Buffalo to adjudicate traffic infractions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 155 of the vehicle and traffic law, as amended by 2 chapter 628 of the laws of 2002, is amended to read as follows: 3 S 155. Traffic infraction. The violation of any provision of this 4 chapter, except articles forty-seven and forty-eight, or of any law, 5 ordinance, order, rule or regulation regulating traffic which is not 6 declared by this chapter or other law of this state to be a misdemeanor 7 or a felony. A traffic infraction is not a crime and the punishment 8 imposed therefor shall not be deemed for any purpose a penal or criminal 9 punishment and shall not affect or impair the credibility as a witness 10 or otherwise of any person convicted thereof. This definition shall be 11 retroactive and shall apply to all acts and violations heretofore 12 committed where such acts and violations would, if committed subsequent 13 to the taking effect of this section, be included within the meaning of 14 the term "traffic infraction" as herein defined. Except in those 15 portions of Suffolk county for which a district court has been estab- 16 lished, outside of cities having a population in excess of two hundred 17 thousand BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which administra- 18 tive tribunals have heretofore been established AND OUTSIDE OF CITIES EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04104-08-4 A. 3702--C 2 1 HAVING A POPULATION IN EXCESS OF ONE MILLION IN WHICH ADMINISTRATIVE 2 TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, courts and judicial officers 3 heretofore having jurisdiction over such violations shall continue to do 4 so and for such purpose such violations shall be deemed misdemeanors and 5 all provisions of law relating to misdemeanors except as provided in 6 section eighteen hundred five of this chapter and except as herein 7 otherwise expressly provided shall apply except that no jury trial shall 8 be allowed for traffic infractions. In those portions of Suffolk county 9 for which a district court has been established, and in cities having a 10 population in excess of two hundred thousand BUT LESS THAN TWO HUNDRED 11 TWENTY THOUSAND in which administrative tribunals have heretofore been 12 established AND IN CITIES HAVING A POPULATION IN EXCESS OF ONE MILLION 13 IN WHICH ADMINISTRATIVE TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, the 14 criminal courts of such cities or portions of Suffolk county in which a 15 district court has been established shall have jurisdiction to hear and 16 determine any complaint alleging a violation constituting a traffic 17 infraction, except that administrative tribunals heretofore established 18 in such cities or portions of Suffolk county in which a district court 19 has been established shall have jurisdiction to hear and determine any 20 charge of an offense which is a traffic infraction, except parking, 21 standing or stopping. In cities having a population in excess of two 22 hundred thousand in which administrative tribunals have heretofore been 23 established, and any such administrative tribunal established by the 24 city of Yonkers, the city of Peekskill, or the city of Syracuse, such 25 tribunals shall have jurisdiction to hear and determine any charge of an 26 offense which is a parking, standing or stopping violation. Any fine 27 imposed by an administrative tribunal shall be a civil penalty. For 28 purposes of arrest without a warrant, pursuant to article one hundred 29 forty of the criminal procedure law, a traffic infraction shall be 30 deemed an offense. 31 S 2. Subdivision 1 of section 225 of the vehicle and traffic law, as 32 amended by chapter 388 of the laws of 2012, is amended to read as 33 follows: 34 1. Notwithstanding any inconsistent provision of law, all violations 35 of this chapter or of a law, ordinance, order, rule or regulation relat- 36 ing to traffic, except parking, standing, stopping or pedestrian 37 offenses, which occur within a city having a population of two hundred 38 thousand or more BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which 39 administrative tribunals have heretofore been established, OR WITHIN A 40 CITY HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH ADMINISTRATIVE 41 TRIBUNALS HAVE HERETOFORE, BEEN ESTABLISHED, and which are classified as 42 traffic infractions, may be heard and determined pursuant to the regu- 43 lations of the commissioner as provided in this article. Whenever a 44 crime and a traffic infraction arise out of the same transaction or 45 occurrence, a charge alleging both offenses may be made returnable 46 before the court having jurisdiction over the crime. Nothing herein 47 provided shall be construed to prevent a court, having jurisdiction over 48 a criminal charge relating to traffic or a traffic infraction, from 49 lawfully entering a judgment of conviction, whether or not based on a 50 plea of guilty, for any offense classified as a traffic infraction. 51 S 3. Pending actions and proceedings. (a) No proceeding involving a 52 charge of a traffic infraction pending at such time when an existing 53 administrative tribunal shall cease to exist shall be affected or abated 54 by the passage of this act or by anything herein contained or by the 55 cessation of the existence of any administrative tribunal. All such A. 3702--C 3 1 proceedings are hereby transferred to the court of appropriate jurisdic- 2 tion in the city where such traffic infractions allegedly occurred. 3 (b)(i) The agency, department, office, or person charged with the 4 custody of the records of an existing administrative tribunal which is 5 about to cease existing under, or in connection with, this act shall 6 arrange for the transfer of the records of pending proceedings to the 7 court of appropriate jurisdiction to which the proceedings shall be 8 transferred. The presiding judge of such court shall enter an order 9 providing for adequate notice consistent with due process of law to 10 respondents in such pending proceedings regarding the transfer of such 11 proceedings. 12 (ii) In no event shall any difficulty or delay resulting from the 13 transfer process, not caused by the respondent, increase the penalty 14 required of the respondent appearing before the court due to a transfer 15 of the traffic infraction proceeding or otherwise prejudice such 16 respondent. Respondents before the court due to a transfer of the traf- 17 fic infraction proceeding from an administrative tribunal to the court 18 that fail to appear shall be permitted at least one adjournment before 19 the penalties and procedures pursuant to subdivision 3 of section 226 of 20 the vehicle and traffic law shall be available. The presiding judge of 21 such court shall enter an order providing for adequate notice consistent 22 with due process of law to respondents, including notice of the penal- 23 ties and procedures available pursuant to subdivision 3 of section 226 24 of the vehicle and traffic law. 25 S 4. This act shall take effect immediately.