Bill Text: NY S05567 | 2015-2016 | General Assembly | Amended

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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 1-0)

Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S05567 Detail]

Download: New_York-2015-S05567-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5567--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 14, 2015
                                      ___________
       Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation --  commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to said committee
       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    S 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10194-03-5
       S. 5567--A                          2
    1  makes all statements with respect to such application under  penalty  of
    2  perjury.  This  application  shall  be  in such form as the commissioner
    3  shall prescribe and a copy thereof shall be handed to the  defendant  by
    4  the  officer  charging him OR HER with such offense. Thereupon the local
    5  criminal court may proceed as though the defendant  had  been  convicted
    6  upon a plea of guilty in open court, provided, however, that any imposi-
    7  tion  of  fine or penalty hereunder shall be deemed tentative until such
    8  fine or penalty shall have been paid and discharged in  full,  prior  to
    9  which  time  such  court,  in  its discretion, may annul any proceedings
   10  hereunder, including such tentative imposition of fine or  penalty,  and
   11  deny  the  application,  in  which event the charge shall be disposed of
   12  pursuant to the applicable provisions of law, as though  no  proceedings
   13  had been had under this section.  SUCH FINE OR PENALTY MAY BE PAID ELEC-
   14  TRONICALLY  VIA THE INTERNET IN A MANNER AND CONDITION PRESCRIBED BY THE
   15  COURT. If upon receipt of the aforesaid  application  such  court  shall
   16  deny the same, it shall thereupon inform the defendant of this fact, and
   17  that  he  OR SHE is required to appear before the said court at a stated
   18  time and place to answer the charge which shall thereafter  be  disposed
   19  of pursuant to the applicable provisions of law.
   20    S 2. This act shall take effect on the one hundred twentieth day after
   21  it shall have become a law; provided, however, that the addition, amend-
   22  ment and/or repeal of any rule or regulation necessary for the implemen-
   23  tation  of  this act on its effective date is authorized and directed to
   24  be made and completed on or before such effective date.