Bill Text: NY S00870 | 2013-2014 | General Assembly | Amended

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-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        870--A
                              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 -- reported
         favorably from said  committee  and  committed  to  the  Committee  on
         Finance  --  committee  discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the vehicle and traffic law, in  relation  to  directing
         the city of Buffalo 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.  Subdivision 1 of section 225 of the  vehicle  and  traffic
    2  law,  as  amended by chapter 388 of the laws of 2012, is amended to read
    3  as follows:
    4    1.  (A)  Notwithstanding  any  inconsistent  provision  of  law,   all
    5  violations  of this chapter or of a law, ordinance, order, rule or regu-
    6  lation relating to traffic, except parking, standing, stopping or pedes-
    7  trian offenses, which occur within a city having  a  population  of  two
    8  hundred  thousand or more in which administrative tribunals have hereto-
    9  fore been established, and which are classified as traffic  infractions,
   10  may  be  heard and determined pursuant to the regulations of the commis-
   11  sioner as provided in this article.
   12    (B) FOR PURPOSES OF THIS ARTICLE WITH REGARD TO  THE  ADJUDICATION  OF
   13  ANY  VIOLATION  OF  THIS  CHAPTER OR OF A LAW, ORDINANCE, ORDER, RULE OR
   14  REGULATION RELATING TO TRAFFIC, WHICH IS CLASSIFIED AS A TRAFFIC INFRAC-
   15  TION, IN THE CITY OF BUFFALO, PARAGRAPH (A)  OF THIS  SUBDIVISION  SHALL
   16  NOT  APPLY.    NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF A GENERAL,
   17  SPECIAL OR LOCAL LAW TO THE CONTRARY, THE CITY OF BUFFALO SHALL  PROVIDE
   18  BY LOCAL LAW FOR THE ADMINISTRATIVE ADJUDICATION OF TRAFFIC INFRACTIONS.
   19    (C)  Whenever  a  crime and a traffic infraction arise out of the same
   20  transaction or occurrence, a charge alleging both offenses may  be  made
   21  returnable  before the court having jurisdiction over the crime. Nothing
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04104-04-3
       S. 870--A                           2
    1  herein provided shall be construed to prevent a court, having  jurisdic-
    2  tion over a criminal charge relating to traffic or a traffic infraction,
    3  from lawfully entering a judgment of conviction, whether or not based on
    4  a plea of guilty, for any offense classified as a traffic infraction.
    5    S  2.  This  act  shall take effect January 1, 2014, provided that the
    6  addition, amendment and/or repeal of any rule  or  regulation  necessary
    7  for  the  implementation of this act on its effective date is authorized
    8  and directed to be made and completed on or before such effective date.
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