Bill Text: NY A09539 | 2011-2012 | General Assembly | Amended
Bill Title: Provides for the establishment of a traffic and parking violations agency in the county of Suffolk and appointment of traffic prosecutors.
Spectrum: Moderate Partisan Bill (Democrat 19-6)
Status: (Passed) 2012-08-17 - signed chap.388 [A09539 Detail]
Download: New_York-2011-A09539-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9539--C
I N A S S E M B L Y
March 12, 2012
___________
Introduced by M. of A. RAMOS, SWEENEY, ENGLEBRIGHT, THIELE, WEISENBERG,
RUSSELL, MAGEE, MILLMAN, PERRY, CRESPO, SCHIMEL, LUPARDO, MAISEL,
ESPINAL, ROBERTS, BRONSON, CUSICK, TITONE, BRAUNSTEIN -- Multi-Spon-
sored by -- M. of A. FITZPATRICK, GRAF, LOSQUADRO, McDONOUGH, MURRAY,
RAIA, TOBACCO -- read once and referred to the Committee on Local
Governments -- 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 -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the general municipal law, the vehicle and traffic law,
the criminal procedure law and the state finance law, in relation to
establishing a traffic and parking violations agency in the county of
Suffolk
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 370 of the general municipal law is amended by
2 adding a new subdivision 3 to read as follows:
3 3. THERE SHALL BE A DEPARTMENT OF THE SUFFOLK COUNTY GOVERNMENT KNOWN
4 AS THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, WHICH SHALL
5 OPERATE UNDER THE DIRECTION AND CONTROL OF THE COUNTY EXECUTIVE.
6 S 2. Section 370-a of the general municipal law, as added by chapter
7 496 of the laws of 1990, subdivision 1 as amended by chapter 527 of the
8 laws of 2002, is amended to read as follows:
9 S 370-a. Definitions. For the purpose of this article:
10 1. "Traffic and parking violations agency" shall mean a department of
11 the Nassau county government established pursuant to subdivision two of
12 section three hundred seventy of this article OR A DEPARTMENT IN THE
13 SUFFOLK COUNTY GOVERNMENT ESTABLISHED PURSUANT TO SUBDIVISION THREE OF
14 SUCH SECTION to administer and dispose of traffic and parking infrac-
15 tions.
16 2. "Traffic prosecutor" shall mean an attorney duly admitted to prac-
17 tice law in the state of New York who, having been appointed and either
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11932-12-2
A. 9539--C 2
1 hired or retained pursuant to section three hundred seventy-four of this
2 article, has the responsibility of prosecuting any traffic and parking
3 infractions returnable before the Nassau county district court OR THE
4 SUFFOLK COUNTY DISTRICT COURT pursuant to the jurisdictional limitations
5 of section three hundred seventy-one of this article.
6 S 3. Subdivisions 2, 3 and 4 of section 371 of the general municipal
7 law, subdivision 2 as amended by section 21 of part G of chapter 58 of
8 the laws of 2012, subdivision 3 as amended by chapter 496 of the laws of
9 1990 and subdivision 4 as amended by chapter 465 of the laws of 1998,
10 are amended to read as follows:
11 2. The Nassau county traffic and parking violations agency, as estab-
12 lished, may be authorized to assist the Nassau county district court,
13 AND THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, AS ESTAB-
14 LISHED, MAY BE AUTHORIZED TO ASSIST THE SUFFOLK COUNTY DISTRICT COURT,
15 in the disposition and administration of infractions of traffic and
16 parking laws, ordinances, rules and regulations and the liability of
17 owners for violations of subdivision (d) of section eleven hundred elev-
18 en of the vehicle and traffic law in accordance with section eleven
19 hundred eleven-b of such law, except that such [agency] AGENCIES shall
20 not have jurisdiction over (a) the traffic infraction defined under
21 subdivision one of section eleven hundred ninety-two of the vehicle and
22 traffic law; (b) the traffic infraction defined under subdivision five
23 of section eleven hundred ninety-two of the vehicle and traffic law; (c)
24 the violation defined under paragraph (b) of subdivision four of section
25 fourteen-f of the transportation law and the violation defined under
26 clause (b) of subparagraph (iii) of paragraph c of subdivision two of
27 section one hundred forty of the transportation law; (d) the traffic
28 infraction defined under section three hundred ninety-seven-a of the
29 vehicle and traffic law and the traffic infraction defined under subdi-
30 vision (g) of section eleven hundred eighty of the vehicle and traffic
31 law; (e) any misdemeanor or felony; or (f) any offense that is part of
32 the same criminal transaction, as that term is defined in subdivision
33 two of section 40.10 of the criminal procedure law, as a violation of
34 subdivision one of section eleven hundred ninety-two of the vehicle and
35 traffic law, a violation of subdivision five of section eleven hundred
36 ninety-two of the vehicle and traffic law, a violation of paragraph (b)
37 of subdivision four of section fourteen-f of the transportation law, a
38 violation of clause (b) of subparagraph (iii) of paragraph [d] C of
39 subdivision two of section one hundred forty of the transportation law,
40 a violation of section three hundred ninety-seven-a of the vehicle and
41 traffic law, a violation of subdivision (g) of section eleven hundred
42 eighty of the vehicle and traffic law or any misdemeanor or felony.
43 3. A person charged with an infraction which shall be disposed of by
44 either a traffic violations bureau [or], the Nassau county traffic and
45 parking violations agency, OR THE SUFFOLK COUNTY TRAFFIC AND PARKING
46 VIOLATIONS AGENCY may be permitted to answer, within a specified time,
47 at the traffic violations bureau, [and] in Nassau county at the traffic
48 and parking violations agency AND IN SUFFOLK COUNTY AT THE TRAFFIC AND
49 PARKING VIOLATIONS AGENCY, either in person or by written power of
50 attorney in such form as may be prescribed in the ordinance or local law
51 creating the bureau or agency, by paying a prescribed fine and, in writ-
52 ing, waiving a hearing in court, pleading guilty to the charge or admit-
53 ting liability as an owner for the violation of subdivision (d) of
54 section eleven hundred eleven of the vehicle and traffic law, as the
55 case may be, and authorizing the person in charge of the bureau or agen-
56 cy to enter such a plea or admission and accept payment of said fine.
A. 9539--C 3
1 Acceptance of the prescribed fine and power of attorney by the bureau or
2 agency shall be deemed complete satisfaction for the violation or of the
3 liability, and the violator or owner liable for a violation of subdivi-
4 sion (d) of section eleven hundred eleven of the vehicle and traffic law
5 shall be given a receipt which so states. If a person charged with a
6 traffic violation does not answer as hereinbefore prescribed, within a
7 designated time, the bureau or agency may cause a complaint to be
8 entered against him forthwith and a warrant to be issued for his arrest
9 and appearance before the court, such summons to be predicated upon the
10 personal service of said summons upon the person charged with the
11 infraction. Any person who shall have been, within the preceding twelve
12 months, guilty of a number of parking violations in excess of such maxi-
13 mum number as may be designated by the court, or of three or more
14 violations other than parking violations, shall not be permitted to
15 appear and answer to a subsequent violation at the traffic violations
16 bureau or agency, but must appear in court at a time specified by the
17 bureau or agency. Such bureau or agency shall not be authorized to
18 deprive a person of his right to counsel or to prevent him from exercis-
19 ing his right to appear in court to answer to, explain, or defend any
20 charge of a violation of any traffic law, ordinance, rule or regulation.
21 4. Notwithstanding any inconsistent provision of law, fines, penalties
22 and forfeitures collected by the Nassau county OR SUFFOLK COUNTY traffic
23 and parking violations agency shall be distributed as provided in
24 section eighteen hundred three of the vehicle and traffic law. All
25 fines, penalties and forfeitures for violations adjudicated by the
26 Nassau county OR SUFFOLK COUNTY traffic and parking violations agency
27 pursuant to subdivision two of this section, with the exception of park-
28 ing violations, and except as provided in subdivision three of section
29 ninety-nine-a of the state finance law, shall be paid by such [agency]
30 AGENCIES to the state comptroller within the first ten days of the month
31 following collection. Each such payment shall be accompanied by a true
32 and complete report in such form and detail as the comptroller shall
33 prescribe.
34 S 4. Section 374 of the general municipal law, as amended by chapter
35 527 of the laws of 2002, is amended to read as follows:
36 S 374. Traffic prosecutor selection and oversight. (a) The executive
37 director of the Nassau county traffic and parking violations agency, AND
38 THE EXECUTIVE DIRECTOR OF THE SUFFOLK COUNTY TRAFFIC AND PARKING
39 VIOLATIONS AGENCY, appointed pursuant to subdivision (b) of this
40 section, shall select and may contract with or hire one or more persons
41 who are attorneys, duly admitted to the practice of law in New York
42 state for the prosecution of any traffic and parking infraction, except
43 those described in paragraphs (a), (b), (c), (d), (e) and (f) of subdi-
44 vision two of section three hundred seventy-one of this article, to be
45 heard, tried or otherwise disposed of by the district court of Nassau
46 county IN THE CASE OF AN ATTORNEY SELECTED BY THE NASSAU COUNTY EXECU-
47 TIVE DIRECTOR, OR BY THE DISTRICT COURT OF SUFFOLK COUNTY, IN THE CASE
48 OF AN ATTORNEY SELECTED BY THE SUFFOLK COUNTY EXECUTIVE DIRECTOR. Such
49 persons shall be known as "traffic prosecutors", as that term is defined
50 in section three hundred seventy-a of this article. Traffic prosecutors
51 shall have the same power as a district attorney would otherwise have in
52 the prosecution of any traffic or parking infraction which may, pursuant
53 to the jurisdictional provisions of section three hundred seventy-one of
54 this article, be prosecuted before the district court of Nassau county
55 OR THE DISTRICT COURT OF SUFFOLK COUNTY, IF THE TRAFFIC VIOLATION
56 OCCURRED IN SUFFOLK COUNTY. The executive director shall give active
A. 9539--C 4
1 consideration to requiring that such traffic prosecutors serve on a
2 full-time basis. Traffic prosecutors are prohibited from appearing in
3 any capacity other than as a traffic prosecutor in any part of the
4 Nassau county district court OR THE SUFFOLK COUNTY DISTRICT COURT, IF
5 THE TRAFFIC VIOLATION OCCURRED IN SUFFOLK COUNTY on any matter relating
6 to traffic or parking violations and are further prohibited from appear-
7 ing in any capacity other than as a traffic prosecutor in any other
8 court or administrative tribunal on any matter relating to traffic or
9 parking violations.
10 (b) The county executive of the county of Nassau shall appoint a
11 person to serve as the executive director of the Nassau county traffic
12 and parking violations agency subject to the confirmation of the county
13 legislature of the county of Nassau. THE COUNTY EXECUTIVE OF THE COUNTY
14 OF SUFFOLK SHALL APPOINT A PERSON TO SERVE AS THE EXECUTIVE DIRECTOR OF
15 THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY SUBJECT TO THE
16 CONFIRMATION OF THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK. The
17 executive director shall be responsible for the oversight and adminis-
18 tration of the agency. The executive director OF NASSAU COUNTY is
19 prohibited from appearing in any capacity in any part of the Nassau
20 county district court AND THE EXECUTIVE DIRECTOR OF SUFFOLK COUNTY IS
21 PROHIBITED FROM APPEARING IN ANY CAPACITY IN ANY PART OF THE SUFFOLK
22 COUNTY DISTRICT COURT on any matter relating to traffic or parking
23 violations and is further prohibited from appearing in any capacity in
24 any other court or administrative tribunal on any matter relating to
25 traffic or parking violations.
26 (c) It shall be a misdemeanor for the executive director, any traffic
27 prosecutor or any judicial hearing officer assigned to hear traffic or
28 parking violations cases pursuant to section one thousand six hundred
29 ninety of the vehicle and traffic law to establish any quota of traffic
30 violation convictions which must be obtained by any traffic prosecutor
31 or judicial hearing officer. Nothing contained herein shall prohibit the
32 taking of any job action against a traffic prosecutor or judicial hear-
33 ing officer for failure to satisfactorily perform such prosecutor's or
34 officer's job assignment except that the employment productivity of such
35 prosecutor or officer shall not be measured by the attainment or nonat-
36 tainment of any conviction quota. For the purposes of this section a
37 conviction quota shall mean a specific number of convictions which must
38 be obtained within a specific time period.
39 (d) The legislature of the county of Nassau may appropriate those
40 monies which, in the legislature's sole discretion, are necessary for
41 the compensation of those persons selected to serve as executive direc-
42 tor and traffic prosecutors and to cover all other expenses associated
43 with the administration of the Nassau county traffic and parking
44 violations agency.
45 (E) THE LEGISLATURE OF THE COUNTY OF SUFFOLK MAY APPROPRIATE THOSE
46 MONIES WHICH, IN THE LEGISLATURE'S SOLE DISCRETION, ARE NECESSARY FOR
47 THE COMPENSATION OF THOSE PERSONS SELECTED TO SERVE AS EXECUTIVE DIREC-
48 TOR AND TRAFFIC PROSECUTORS AND TO COVER ALL OTHER EXPENSES ASSOCIATED
49 WITH THE ADMINISTRATION OF THE SUFFOLK COUNTY TRAFFIC AND PARKING
50 VIOLATIONS AGENCY.
51 S 5. The article heading of article 44-A of the vehicle and traffic
52 law, as added by chapter 496 of the laws of 1990, is amended to read as
53 follows:
54 AUTHORITY OF THE NASSAU AND SUFFOLK
55 COUNTY DISTRICT COURT
56 JUDICIAL HEARING [OFFICER] OFFICERS
A. 9539--C 5
1 S 6. The section heading, subdivision 1 and subdivision 4 of section
2 1690 of the vehicle and traffic law, the section heading and subdivision
3 4 as added by chapter 496 of the laws of 1990, subdivision 1 as amended
4 by chapter 420 of the laws of 2001, and the opening paragraph of subdi-
5 vision 1 as amended by section 20 of part G of chapter 58 of the laws of
6 2012, are amended to read as follows:
7 Authority of the Nassau county AND SUFFOLK COUNTY district court judi-
8 cial hearing [officer] OFFICERS. 1. Notwithstanding any other provision
9 of law, where the trial of a traffic or parking infraction is authorized
10 or required to be tried before the Nassau county district court OR
11 SUFFOLK COUNTY DISTRICT COURT, and such traffic and parking infraction
12 does not constitute a misdemeanor, felony, violation of subdivision one
13 of section eleven hundred ninety-two, subdivision five of section eleven
14 hundred ninety-two, section three hundred ninety-seven-a, or subdivision
15 (g) of section eleven hundred eighty of this chapter, or a violation of
16 paragraph (b) of subdivision four of section fourteen-f or clause (b) of
17 subparagraph (iii) of paragraph c of subdivision two of section one
18 hundred forty of the transportation law, or any offense that is part of
19 the same criminal transaction, as that term is defined in subdivision
20 two of section 40.10 of the criminal procedure law, as such a misdemea-
21 nor, felony, violation of subdivision one of section eleven hundred
22 ninety-two, subdivision two of section eleven hundred ninety-two,
23 section three hundred ninety-seven-a or subdivision (g) of section elev-
24 en hundred eighty of this chapter, or a violation of paragraph (b) of
25 subdivision four of section fourteen-f or clause (b) of subparagraph
26 (iii) of paragraph d of subdivision two of section one hundred forty of
27 the transportation law, the administrative judge of the county in which
28 the trial court is located, may assign judicial hearing officers to
29 conduct such a trial. Such judicial hearing officers shall be village
30 court justices or retired judges either of which shall have at least two
31 years of experience conducting trials of traffic and parking violations
32 cases and shall be admitted to practice law in this state. Where such
33 assignment is made, the judicial hearing officer shall entertain the
34 case in the same manner as a court and shall:
35 (a) determine all questions of law;
36 (b) act as the exclusive trier of all issues of fact;
37 (c) render a verdict;
38 (d) impose sentence; or
39 (e) dispose of the case in any manner provided by law.
40 4. Judicial hearing officers are prohibited from appearing in any
41 capacity other than as a judicial hearing officer in any part of the
42 Nassau county OR SUFFOLK COUNTY district court on any matter relating to
43 traffic or parking violations and are further prohibited from appearing
44 in any capacity other than as a judicial hearing officer in any other
45 court or administrative tribunal on any matter relating to traffic or
46 parking violations.
47 S 7. Subdivision 5 of section 350.20 of the criminal procedure law, as
48 added by chapter 496 of the laws of 1990, is amended to read as follows:
49 5. Notwithstanding the provisions of subdivision one of this section,
50 FOR ALL PROCEEDINGS BEFORE THE DISTRICT COURT OF NASSAU COUNTY the
51 administrative judge of Nassau county may, AND FOR ALL PROCEEDINGS
52 BEFORE THE DISTRICT COURT OF SUFFOLK COUNTY, THE ADMINISTRATIVE JUDGE OF
53 SUFFOLK COUNTY MAY, without the consent of the parties, assign matters
54 involving traffic and parking infractions except those described in
55 paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
56 three hundred seventy-one of the general municipal law to a judicial
A. 9539--C 6
1 hearing officer [for all proceedings before the district court of Nassau
2 county] in accordance with the provisions of section sixteen hundred
3 ninety of the vehicle and traffic law.
4 S 8. Subdivision 1 of section 225 of the vehicle and traffic law, as
5 amended by chapter 173 of the laws of 1990, is amended to read as
6 follows:
7 1. Notwithstanding any inconsistent provision of law, all violations
8 of this chapter or of a law, ordinance, order, rule or regulation relat-
9 ing to traffic, except parking, standing, stopping or pedestrian
10 offenses, which occur within a city having a population of two hundred
11 thousand or more in which administrative tribunals have heretofore been
12 established, [or within that portion of Suffolk county for which a
13 district court has been established,] and which are classified as traf-
14 fic infractions, may be heard and determined pursuant to the regulations
15 of the commissioner as provided in this article. Whenever a crime and a
16 traffic infraction arise out of the same transaction or occurrence, a
17 charge alleging both offenses may be made returnable before the court
18 having jurisdiction over the crime. Nothing herein provided shall be
19 construed to prevent a court, having jurisdiction over a criminal charge
20 relating to traffic or a traffic infraction, from lawfully entering a
21 judgment of conviction, whether or not based on a plea of guilty, for
22 any offense classified as a traffic infraction.
23 S 9. Subdivision 3 of section 99-a of the state finance law, as
24 amended by chapter 465 of the laws of 1998, is amended to read as
25 follows:
26 3. The comptroller is hereby authorized to implement alternative
27 procedures, including guidelines in conjunction therewith, relating to
28 the remittance of fines, penalties, forfeitures and other moneys by town
29 and village justice courts, and by the Nassau [county] AND SUFFOLK COUN-
30 TIES traffic and parking violations [agency] AGENCIES, to the justice
31 court fund and for the distribution of such moneys by the justice court
32 fund. Notwithstanding any law to the contrary, the alternative proce-
33 dures utilized may include:
34 a. electronic funds transfer;
35 b. remittance of funds by the justice court to the chief fiscal office
36 of the town or village, or, in the case of the Nassau [county] AND
37 SUFFOLK COUNTIES traffic and parking violations [agency] AGENCIES, to
38 the county treasurer, for distribution in accordance with instructions
39 by the comptroller; and/or
40 c. monthly, rather than quarterly, distribution of funds.
41 The comptroller may require such reporting and record keeping as he or
42 she deems necessary to ensure the proper distribution of moneys in
43 accordance with applicable laws. A justice court or the Nassau [county]
44 AND SUFFOLK COUNTIES traffic and parking violations [bureau] AGENCIES
45 may utilize these procedures only when permitted by the comptroller, and
46 such permission, once given, may subsequently be withdrawn by the comp-
47 troller on due notice.
48 S 10. Subdivision 2 of section 99-l of the general municipal law, as
49 added by chapter 261 of the laws of 1993, is amended to read as follows:
50 2. The [county] COUNTIES of Nassau AND SUFFOLK shall be entitled to
51 receive the amounts set forth in subdivision one of this section for the
52 services of [the Nassau] THEIR RESPECTIVE county traffic and parking
53 violations agency.
54 S 11. Notwithstanding any provision of law to the contrary no non-ju-
55 dicial employee of the Suffolk county district court shall suffer a
56 diminution of salary, employment status or rights solely by operation of
A. 9539--C 7
1 this act provided that nothing herein shall limit the legal authority of
2 the chief administrator of the courts to supervise the administration
3 and operation of the unified court system.
4 S 12. The administrative judge of Suffolk county shall issue on an
5 annual basis, beginning eighteen months following the creation of the
6 Suffolk county traffic and parking violations agency pursuant to Suffolk
7 county local law, a report detailing the progress, development and oper-
8 ations of the traffic and parking violations agency. The report shall be
9 provided to the governor, the temporary president of the senate, the
10 speaker of the assembly, the Suffolk county executive, the legislature
11 of the county of Suffolk, the presiding judge of the Suffolk county
12 district court and the Suffolk county district attorney.
13 S 13. This act shall take effect immediately; provided, however, the
14 amendments to section 370-a, subdivisions 2, 3 and 4 of section 371 and
15 section 374 of the general municipal law, the article heading of article
16 44-A and the section heading and subdivisions 1 and 4 of section 1690 of
17 the vehicle and traffic law and subdivision 5 of section 350.20 of the
18 criminal procedure law, as made by sections two, three, four, five, six
19 and seven of this act, respectively, shall take effect only in the event
20 that the county of Suffolk shall have by local law established a traffic
21 and parking violations agency; provided that the legislature of the
22 county of Suffolk shall notify the legislative bill drafting commission
23 upon the occurrence of the enactment of the legislation provided for in
24 sections two, three, four, five, six and seven of this act in order that
25 the commission may maintain an accurate and timely effective data base
26 of the official text of the laws of the state of New York in furtherance
27 of effectuating the provisions of section 44 of the legislative law and
28 section 70-b of the public officers law; provided, however, that the
29 amendments to section 371 of the general municipal law made by section
30 three of this act shall not affect the expiration of such section and
31 shall be deemed to expire therewith; and provided that the amendments to
32 subdivision 2 of section 99-l of the general municipal law made by
33 section ten of this act shall take effect on the same date as the rever-
34 sion of subdivision 2 of section 99-l of the general municipal law as
35 provided in section 6 of chapter 382 of the laws of 2011, as amended.
