Bill Text: NY S00870 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes the city of Buffalo to provide by local law for the adjudication of traffic infractions.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2014-12-30 - DELIVERED TO GOVERNOR [S00870 Detail]
Download: New_York-2013-S00870-Introduced.html
Bill Title: Authorizes the city of Buffalo to provide by local law for the adjudication of traffic infractions.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2014-12-30 - DELIVERED TO GOVERNOR [S00870 Detail]
Download: New_York-2013-S00870-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
870
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. GRISANTI -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to authorizing
certain cities 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
19 HAVING A POPULATION IN EXCESS OF ONE MILLION IN WHICH ADMINISTRATIVE
20 TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, courts and judicial officers
21 heretofore having jurisdiction over such violations shall continue to do
22 so and for such purpose such violations shall be deemed misdemeanors and
23 all provisions of law relating to misdemeanors except as provided in
24 section eighteen hundred five of this chapter and except as herein
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04104-01-3
S. 870 2
1 otherwise expressly provided shall apply except that no jury trial shall
2 be allowed for traffic infractions. In those portions of Suffolk county
3 for which a district court has been established, and in cities having a
4 population in excess of two hundred thousand BUT LESS THAN TWO HUNDRED
5 TWENTY THOUSAND in which administrative tribunals have heretofore been
6 established AND IN CITIES HAVING A POPULATION IN EXCESS OF ONE MILLION
7 IN WHICH ADMINISTRATIVE TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, the
8 criminal courts of such cities or portions of Suffolk county in which a
9 district court has been established shall have jurisdiction to hear and
10 determine any complaint alleging a violation constituting a traffic
11 infraction, except that administrative tribunals heretofore established
12 in such cities or portions of Suffolk county in which a district court
13 has been established shall have jurisdiction to hear and determine any
14 charge of an offense which is a traffic infraction, except parking,
15 standing or stopping. In cities having a population in excess of two
16 hundred thousand in which administrative tribunals have heretofore been
17 established, and any such administrative tribunal established by the
18 city of Yonkers, the city of Peekskill, or the city of Syracuse, such
19 tribunals shall have jurisdiction to hear and determine any charge of an
20 offense which is a parking, standing or stopping violation. Any fine
21 imposed by an administrative tribunal shall be a civil penalty. For
22 purposes of arrest without a warrant, pursuant to article one hundred
23 forty of the criminal procedure law, a traffic infraction shall be
24 deemed an offense.
25 S 2. Subdivision 1 of section 225 of the vehicle and traffic law, as
26 amended by chapter 173 of the laws of 1990, is amended to read as
27 follows:
28 1. Notwithstanding any inconsistent provision of law, all violations
29 of this chapter or of a law, ordinance, order, rule or regulation relat-
30 ing to traffic, except parking, standing, stopping or pedestrian
31 offenses, which occur within a city having a population of two hundred
32 thousand or more BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which
33 administrative tribunals have heretofore been established, OR WITHIN A
34 CITY HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH ADMINISTRATIVE
35 TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, or within that portion of
36 Suffolk county for which a district court has been established, and
37 which are classified as traffic infractions, may be heard and determined
38 pursuant to the regulations of the commissioner as provided in this
39 article. Whenever a crime and a traffic infraction arise out of the same
40 transaction or occurrence, a charge alleging both offenses may be made
41 returnable before the court having jurisdiction over the crime. Nothing
42 herein provided shall be construed to prevent a court, having jurisdic-
43 tion over a criminal charge relating to traffic or a traffic infraction,
44 from lawfully entering a judgment of conviction, whether or not based on
45 a plea of guilty, for any offense classified as a traffic infraction.
46 S 3. Subdivision 1 of section 225 of the vehicle and traffic law, as
47 amended by chapter 388 of the laws of 2012, is amended to read as
48 follows:
49 1. Notwithstanding any inconsistent provision of law, all violations
50 of this chapter or of a law, ordinance, order, rule or regulation relat-
51 ing to traffic, except parking, standing, stopping or pedestrian
52 offenses, which occur within a city having a population of two hundred
53 thousand or more BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which
54 administrative tribunals have heretofore been established, OR WITHIN A
55 CITY HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH ADMINISTRATIVE
56 TRIBUNALS HAVE HERETOFORE, BEEN ESTABLISHED, and which are classified as
S. 870 3
1 traffic infractions, may be heard and determined pursuant to the regu-
2 lations of the commissioner as provided in this article. Whenever a
3 crime and a traffic infraction arise out of the same transaction or
4 occurrence, a charge alleging both offenses may be made returnable
5 before the court having jurisdiction over the crime. Nothing herein
6 provided shall be construed to prevent a court, having jurisdiction over
7 a criminal charge relating to traffic or a traffic infraction, from
8 lawfully entering a judgment of conviction, whether or not based on a
9 plea of guilty, for any offense classified as a traffic infraction.
10 S 4. Pending actions and proceedings. (a) No proceeding involving a
11 charge of a traffic infraction pending at such time when an existing
12 administrative tribunal shall cease to exist shall be affected or abated
13 by the passage of this act or by anything herein contained or by the
14 cessation of the existence of any administrative tribunal. All such
15 proceedings are hereby transferred to the court of appropriate jurisdic-
16 tion in the city where such traffic infractions allegedly occurred.
17 (b)(i) The agency, department, office, or person charged with the
18 custody of the records of an existing administrative tribunal which is
19 about to cease existing under, or in connection with, this act shall
20 arrange for the transfer of the records of pending proceedings to the
21 court of appropriate jurisdiction to which the proceedings shall be
22 transferred. The presiding judge of such court shall enter an order
23 providing for adequate notice consistent with due process of law to
24 respondents in such pending proceedings regarding the transfer of such
25 proceedings.
26 (ii) In no event shall any difficulty or delay resulting from the
27 transfer process, not caused by the respondent, increase the penalty
28 required of the respondent appearing before the court due to a transfer
29 of the traffic infraction proceeding or otherwise prejudice such
30 respondent. Respondents before the court due to a transfer of the traf-
31 fic infraction proceeding from an administrative tribunal to the court
32 that fail to appear shall be permitted at least one adjournment before
33 the penalties and procedures pursuant to subdivision 3 of section 226 of
34 the vehicle and traffic law shall be available. The presiding judge of
35 such court shall enter an order providing for adequate notice consistent
36 with due process of law to respondents, including notice of the penal-
37 ties and procedures available pursuant to subdivision 3 of section 226
38 of the vehicle and traffic law.
39 S 5. This act shall take effect immediately; provided, however, that
40 section three of this act shall take effect on the same date and in the
41 same manner as section 8 of chapter 388 of the laws of 2012, takes
42 effect, and provided, further, that effective immediately, the addition,
43 amendment and/or repeal of any rule or regulation necessary for the
44 implementation of this act on its effective date is authorized and
45 directed to be made and completed on or before such effective date.
