Bill Text: NY S05567 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5567 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 AN ACT to amend the vehicle and traffic law, in relation to authorizing the payment of fines or penalties 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 shall submit to the local criminal court having juris- 11 diction, in person, by duly authorized agent, by first class mail or by 12 registered or certified mail, return receipt requested, an application 13 setting forth (a) the nature of the charge, (b) the information or 14 instructions required by section eighteen hundred seven of this article 15 to be given defendant upon arraignment, (c) that defendant waives 16 arraignment in open court and the aid of counsel, (d) that he pleads 17 guilty to the offense as charged, (e) that defendant elects and requests 18 that the charge be disposed of and the fine or penalty fixed by the 19 court, pursuant to this section, (f) any statement or explanation that 20 the defendant may desire to make concerning the offense charged and (g) 21 that defendant makes all statements with respect to such application 22 under penalty of perjury. This application shall be in such form as the 23 commissioner shall prescribe and a copy thereof shall be handed to the 24 defendant by the officer charging him with such offense. Thereupon the 25 local criminal court may proceed as though the defendant had been EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10194-01-5 S. 5567 2 1 convicted upon a plea of guilty in open court, provided, however, that 2 any imposition of fine or penalty hereunder shall be deemed tentative 3 until such fine or penalty shall have been paid and discharged in full, 4 prior to which time such court, in its discretion, may annul any 5 proceedings hereunder, including such tentative imposition of fine or 6 penalty, and deny the application, in which event the charge shall be 7 disposed of pursuant to the applicable provisions of law, as though no 8 proceedings had been had under this section. SUCH FINE OR PENALTY MAY 9 BE PAID VIA THE INTERNET IN A MANNER AND CONDITION PRESCRIBED BY THE 10 COURT. If upon receipt of the aforesaid application such court shall 11 deny the same, it shall thereupon inform the defendant of this fact, and 12 that he is required to appear before the said court at a stated time and 13 place to answer the charge which shall thereafter be disposed of pursu- 14 ant to the applicable provisions of law. 15 S 2. This act shall take effect immediately.