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.