Bill Text: NY A03702 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3702--B
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2013
                                      ___________
       Introduced  by  M.  of A. PEOPLES-STOKES, GABRYSZAK, RYAN -- Multi-Spon-
         sored by -- M. of A. BOYLAND, COLTON, RIVERA -- read once and referred
         to the Committee  on  Transportation  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- again reported from said  committee  with  amendments,  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.    Subdivision 1 of section 225 of the vehicle and traffic
    2  law, as amended by chapter 388 of the laws of 2012, is amended  to  read
    3  as follows:
    4    1.   (A)  Notwithstanding  any  inconsistent  provision  of  law,  all
    5  violations of this chapter or of a law, ordinance, order, rule or  regu-
    6  lation relating to traffic, except parking, standing, stopping or pedes-
    7  trian  offenses,  which  occur  within a city having a population of two
    8  hundred thousand or more in which administrative tribunals have  hereto-
    9  fore  been established, and which are classified as traffic infractions,
   10  may be heard and determined pursuant to the regulations of  the  commis-
   11  sioner as provided in this article.
   12    (B)  FOR  PURPOSES  OF THIS ARTICLE WITH REGARD TO THE ADJUDICATION OF
   13  ANY VIOLATION OF THIS CHAPTER OR OF A LAW,  ORDINANCE,  ORDER,  RULE  OR
   14  REGULATION RELATING TO TRAFFIC, WHICH IS CLASSIFIED AS A TRAFFIC INFRAC-
   15  TION,  IN  THE CITY OF BUFFALO, PARAGRAPH (A)  OF THIS SUBDIVISION SHALL
   16  NOT APPLY.   NOTWITHSTANDING ANY INCONSISTENT PROVISION  OF  A  GENERAL,
   17  SPECIAL  OR LOCAL LAW TO THE CONTRARY, THE CITY OF BUFFALO SHALL PROVIDE
   18  BY LOCAL LAW FOR THE ADMINISTRATIVE ADJUDICATION OF TRAFFIC INFRACTIONS.
   19    (C) Whenever a crime and a traffic infraction arise out  of  the  same
   20  transaction  or  occurrence, a charge alleging both offenses may be made
   21  returnable before the court having jurisdiction over the crime.  Nothing
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04104-07-3
       A. 3702--B                          2
    1  herein  provided shall be construed to prevent a court, having jurisdic-
    2  tion over a criminal charge relating to traffic or a traffic infraction,
    3  from lawfully entering a judgment of conviction, whether or not based on
    4  a plea of guilty, for any offense classified as a traffic infraction.
    5    S  2.  This  act  shall take effect January 1, 2015, provided that the
    6  addition, amendment and/or repeal of any rule  or  regulation  necessary
    7  for  the  implementation of this act on its effective date is authorized
    8  and directed to be made and completed on or before such effective date.