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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           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.