Bill Text: NY A09353 | 2011-2012 | General Assembly | Amended

New York Assembly Bill 9353 (Prior Session Legislation)

Bill Title: Provides that in any proceeding alleging a muni-meter violation, it shall be an affirmative defense that the person summoned did in fact purchase muni-meter ticket prior to or contemporaneously with the issuance of the summons.

Spectrum: Moderate Partisan Bill (Democrat 18-3)

Status: (Introduced - Dead) 2012-06-18 - substituted by s6727b [A09353 Detail]

Download: New_York-2011-A09353-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9353--C
                                 I N  A S S E M B L Y
                                   February 22, 2012
                                      ___________
       Introduced  by  M.  of  A.  DINOWITZ,  COLTON,  BENEDETTO, COOK, MAISEL,
         ROBERTS, CRESPO, SCARBOROUGH, GALEF, McDONOUGH, MALLIOTAKIS, TITONE --
         Multi-Sponsored by -- M.  of  A.  GLICK,  HOOPER,  JACOBS,  M. MILLER,
         MONTESANO,  MOYA,  P. RIVERA,  SIMANOWITZ,  STEVENSON -- read once and
         referred to the Committee on Transportation --  committee  discharged,
         bill  amended,  ordered  reprinted  as amended and recommitted to said
         committee -- reported and  referred  to  the  Committee  on  Codes  --
         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
       AN ACT to amend the vehicle and traffic law, in relation  to  muni-meter
         receipts
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    2  section 241-b to read as follows:
    3    S  241-B. MUNI-METER RECEIPTS; AFFIRMATIVE DEFENSE. IN ANY PROSECUTION
    4  OR PROCEEDING ALLEGING A MUNI-METER PARKING VIOLATION, IT  SHALL  BE  AN
    5  AFFIRMATIVE  DEFENSE  TO SUCH VIOLATION, WITH THE BURDEN OF PROOF ON THE
    6  PERSON WHO RECEIVED THE SUMMONS, THAT HE OR SHE DID IN FACT  PURCHASE  A
    7  MUNI-METER  TICKET  PRIOR  TO  OR UP TO FIVE MINUTES THEREAFTER FROM THE
    8  ISSUANCE OF THE SUMMONS AND THAT THE RECEIPT IS VALID  FOR  USE  AT  THE
    9  TIME  AND LOCATION WHERE SUCH SUMMONS WAS ISSUED.  SUCH DEFENSE SHALL BE
   10  DEEMED ESTABLISHED IF SUCH PERSON PRODUCES THE ACTUAL MUNI-METER RECEIPT
   11  OR A COPY THEREOF AT SUCH PROSECUTION OR PROCEEDING. FOR THE PURPOSES OF
   12  THIS SECTION, "MUNI-METER" SHALL MEAN AN ELECTRONIC PARKING  METER  THAT
   13  DISPENSES TIMED RECEIPTS SHOWING THE AMOUNT OF PARKING TIME PURCHASED.
   14    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14586-08-2