Bill Text: NY S04128 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes a plea of guilty and the payment of fines or penalties electronically via the internet.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-01-03 - REFERRED TO TRANSPORTATION [S04128 Detail]

Download: New_York-2023-S04128-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4128

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 3, 2023
                                       ___________

        Introduced by Sens. MANNION, SKOUFIS, STAVISKY -- read twice and ordered
          printed,  and  when printed to be committed to the Committee on Trans-
          portation

        AN ACT to amend the vehicle and traffic law, in relation to  authorizing
          a  plea of guilty and payment of fines or penalties electronically via
          the internet

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 1805 of the vehicle and traffic law, as amended by
     2  chapter 182 of the laws of 2004, is amended to read as follows:
     3    § 1805. Plea of guilty, how put in. The provisions of  section  170.10
     4  of  the  criminal  procedure  law and the provisions of section eighteen
     5  hundred seven of this article may be waived, to the  extent  hereinafter
     6  indicated,  by  a defendant charged with a violation of any provision of
     7  the tax law or the transportation law regulating traffic, or  a  traffic
     8  infraction, as defined in this chapter, other than a third or subsequent
     9  speeding  violation  committed  within  a  period  of  eighteen  months,
    10  provided that he or she shall submit to the local criminal court  having
    11  jurisdiction,  in  person, by duly authorized agent, by first class mail
    12  or by registered or certified mail, return receipt requested,  or  elec-
    13  tronically  via  the  internet,  which method shall include instructions
    14  relating to the use of an electronic signature, an  application  setting
    15  forth  (a) the nature of the charge, (b) the information or instructions
    16  required by section eighteen hundred seven of this article to  be  given
    17  defendant  upon  arraignment,  (c)  that defendant waives arraignment in
    18  open court and the aid of counsel, (d) that he or she pleads  guilty  to
    19  the  offense as charged, (e) that defendant elects and requests that the
    20  charge be disposed of and the fine or penalty fixed by the court, pursu-
    21  ant to this section, (f) any statement or explanation that the defendant
    22  may desire to make concerning the offense charged and (g) that defendant
    23  makes all statements with respect to such application under  penalty  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07641-01-3
        S. 4128                             2

     1  perjury.  This  application  shall  be  in such form as the commissioner
     2  shall prescribe and a copy thereof shall be handed to the  defendant  by
     3  the  officer  charging him or her with such offense. Thereupon the local
     4  criminal  court  may  proceed as though the defendant had been convicted
     5  upon a plea of guilty in open court, provided, however, that any imposi-
     6  tion of fine or penalty hereunder shall be deemed tentative  until  such
     7  fine  or  penalty  shall have been paid and discharged in full, prior to
     8  which time such court, in its  discretion,  may  annul  any  proceedings
     9  hereunder,  including  such tentative imposition of fine or penalty, and
    10  deny the application, in which event the charge  shall  be  disposed  of
    11  pursuant  to  the applicable provisions of law, as though no proceedings
    12  had been had under this section.  Such fine or penalty may be paid elec-
    13  tronically via the internet in a manner and condition prescribed by  the
    14  court.  If  upon  receipt  of the aforesaid application such court shall
    15  deny the same, it shall thereupon inform the defendant of this fact, and
    16  that he or she is required to appear before the said court at  a  stated
    17  time  and  place to answer the charge which shall thereafter be disposed
    18  of pursuant to the applicable provisions of law.
    19    § 2. This act shall take effect on the one hundred twentieth day after
    20  it shall have become a law.