Bill Text: NY S01121 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to electronic citation fees or the process of transmitting traffic, misdemeanor, municipal ordinance, conservation, or other citations and law enforcement data via electronic means to a county clerk.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S01121 Detail]

Download: New_York-2019-S01121-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1121
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 11, 2019
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
        AN ACT to amend the civil practice law and rules, in relation  to  elec-
          tronic citation fees
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 8023 to read as follows:
     3    § 8023. Electronic citation fees. (a) As used in this section,  "elec-
     4  tronic citation" means the process of transmitting traffic, misdemeanor,
     5  municipal  ordinance,  conservation, or other citations and law enforce-
     6  ment data via electronic means to a county clerk.
     7    (b) The clerks of the county in the state shall be entitled to collect
     8  an electronic citation fee of five dollars. Such fee shall  be  paid  by
     9  the  defendant  in  any  traffic,  misdemeanor,  municipal ordinance, or
    10  conservation citation issued upon a plea of guilty, judgment  of  guilty
    11  or grant of supervision. This fee shall be in addition to all other fees
    12  and  charges  and  assessable  as  costs  and  shall  not  be subject to
    13  disbursement. Sixty percent of the  fee  shall  be  deposited  into  the
    14  "electronic  citation fund" established by each county. Forty percent of
    15  the fee shall be disbursed to the arresting agency  to  defray  expenses
    16  related  to  the  establishment and maintenance of electronic citations.
    17  Each county clerk shall be the custodian, ex officio, of the  electronic
    18  citation  fund  and shall use the fund to perform the duties required by
    19  the office for establishing and maintaining  electronic  citations.  The
    20  county  clerk shall not charge and collect an electronic citation fee if
    21  the county has by ordinance elected not to be subject to this section.
    22    § 2. This act shall take effect on the one hundred eightieth day after
    23  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06648-01-9