Bill Text: NY A08687 | 2017-2018 | General Assembly | Introduced

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

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Bill Title: Relates to the definition of an accusatory instrument; provides that a parking ticket may be an accusatory instrument if certain criteria are met.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed - Dead) 2018-06-20 - REFERRED TO RULES [A08687 Detail]

Download: New_York-2017-A08687-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8687
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                   September 25, 2017
                                       ___________
        Introduced  by  M. of A. OTIS, McDONALD -- read once and referred to the
          Committee on Codes
        AN ACT to amend the criminal procedure law, in  relation  to  appearance
          tickets issued for a traffic infraction relating to parking
          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 1.20  of  the  criminal  procedure
     2  law,  as  amended by chapter 209 of the laws of 1990, is amended to read
     3  as follows:
     4    1. "Accusatory instrument" means an indictment, an indictment  ordered
     5  reduced pursuant to subdivision one-a of section 210.20 of this chapter,
     6  an  appearance  ticket issued for a traffic infraction relating to park-
     7  ing, an information, a simplified information, a  prosecutor's  informa-
     8  tion,  a superior court information, a misdemeanor complaint or a felony
     9  complaint. Every accusatory instrument, regardless of the person  desig-
    10  nated  therein  as  accuser,  constitutes an accusation on behalf of the
    11  state as plaintiff and must be entitled "the people of the state of  New
    12  York" against a designated person, known as the defendant.
    13    § 2. Subdivision 1 of section 150.50 of the criminal procedure law, as
    14  amended  by  chapter  549  of  the  laws  of 1987, is amended to read as
    15  follows:
    16    1.  A police officer or other public servant who has issued and served
    17  an appearance ticket must, at or before the time such appearance  ticket
    18  is  returnable,  file or cause to be filed with the local criminal court
    19  in which it is returnable a local criminal court  accusatory  instrument
    20  charging  the  person  named  in such appearance ticket with the offense
    21  specified  therein;  provided,  however,  that  no  separate  accusatory
    22  instrument shall be required to be filed for an appearance ticket issued
    23  for  a  traffic infraction relating to parking. Nothing herein contained
    24  shall authorize the use of a simplified information when not  authorized
    25  by law.
    26    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13470-01-7