Allows defendants to respond to appearance tickets for certain local violations, including a violation of a local zoning ordinance or local zoning law or of a building or sanitation code, by mail; establishes procedures for such plea by mail.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8133
SPONSOR: Kelles TITLE OF BILL:
An act to amend the criminal procedure law, in relation to allowing
defendants to respond to appearance tickets for certain local violations
by mail
PURPOSE OR GENERAL IDEA OF BILL:
allows a plea by mail for violations of local code punishable by a fine
of no more than $500, similar to parking tickets
SUMMARY OF PROVISIONS:
Sec. 1 - amends section 170.10 (1) (b) of the criminal procedure law to
provide that where an appearance ticket is issued for a local zoning or
building or sanitation code with a penalty of no more than $500, the
defendant may enter of plea by mail;
Sec. 2 - amends section 340.20 (2) (a) of the criminal procedure law
allowing a plea by mail for a violation of local zoning or building or
sanitation code with a penalty of no more than $500. Sec. 3 - effective
date
JUSTIFICATION:
For small, local property violations like garbage, snow on sidewalks and
where the property owner has let grass grow too long, the process is the
same as is it for NY PL 5120.00 Assault 3rd degree: the municipality
must personally serve the defendant with an appearance ticket (if not
arrested) and the defendant must appear in court for arraignment. This
means that in a municipality, the property owner must physically attend
court in order to pay a $25 ticket-a great inconvenience to the
defendant/property owner as well as to the court. This proposal would
permit'small municipal violations (defined as those carrying a fine of
no more than $500, with no jail possible) to be treated the same as
traffic tickets. That is, giving a "plead guilty or not guilty by mail"
alternative to appearing personally and physically in court for this
category of small tickets. It does not diminish any rights of defendants
and avoids court time and expense for both the court and the defendant.
It would eliminate the need for defendants to arrange their schedules
around appearing in court in the middle of a work day where the facts
are not contested and the fines are minor.
PRIOR LEGISLATIVE HISTORY:
new bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
potential savings to local governments
EFFECTIVE DATE:
immediately
STATE OF NEW YORK
________________________________________________________________________
8133
2025-2026 Regular Sessions
IN ASSEMBLY
May 1, 2025
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to allowing
defendants to respond to appearance tickets for certain local
violations by mail
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 170.10 of the
2 criminal procedure law, as amended by chapter 661 of the laws of 1972,
3 is amended and two new paragraphs (c) and (d) are added to read as
4 follows:
5 (b) In any case in which the defendant's appearance is required by a
6 summons or an appearance ticket, the court in its discretion may, for
7 good cause shown, permit the defendant to appear by counsel instead of
8 in person[.]; or
9 (c) In any case in which an appearance ticket has been issued for a
10 violation of a local zoning ordinance or local zoning law or of a build-
11 ing or sanitation code and such violation is punishable by a penalty of
12 no greater than five hundred dollars, the defendant may enter a plea of
13 not guilty by mailing to the court of appropriate jurisdiction the
14 appearance ticket indicating such plea. Such plea shall be sent by
15 registered or certified mail, return receipt requested or by first class
16 mail. Upon receipt of such ticket and statement, the court shall advise
17 the defendant, by first class mail, of an appearance at which no testi-
18 mony shall be taken. If a trial is requested, the court shall set a
19 trial date on a date subsequent to the date of the initial appearance
20 and shall notify the defendant of the date by first class mail;
21 provided, however, that no warrant of arrest for failure to appear may
22 be issued until the defendant is notified of a new court appearance date
23 by registered or certified mail, return receipt requested and such
24 defendant fails to appear.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11646-01-5
A. 8133 2
1 (d) A defendant may enter a plea of guilty by mailing to the court of
2 appropriate jurisdiction by first class mail or by registered or certi-
3 fied mail, return receipt requested, the appearance ticket and an appli-
4 cation setting forth: (i) the nature of the charge, (ii) the information
5 or instructions required to be given to the defendant upon arraignment,
6 (iii) that defendant waives arraignment in open court and the aid of
7 counsel, (iv) that defendant pleads guilty to the offense as charged,
8 (v) that defendant elects and requests that the charge be disposed of
9 and the fine or penalty fixed by the court, pursuant to the local ordi-
10 nance or code, (vi) any statement or explanation that the defendant may
11 desire to make concerning the offense charged, and (vii) that defendant
12 makes all statements with respect to such application under penalty of
13 perjury. Thereupon the local criminal court may proceed as though the
14 defendant had been convicted upon a plea of guilty in open court;
15 provided, however, that any imposition of fine or penalty pursuant to
16 this subparagraph shall be deemed tentative until such fine or penalty
17 shall have been paid and discharged in full, prior to which time such
18 court, in its discretion, may annul any proceedings hereunder, including
19 such tentative imposition of fine or penalty, and deny the application,
20 in which event the charge shall be disposed of pursuant to the applica-
21 ble provisions of law, as though no proceedings occurred pursuant to
22 this subparagraph. If upon receipt of the aforesaid application such
23 court shall deny such application, the court shall thereupon inform the
24 defendant of this fact and that the defendant is required to appear
25 before such court at a stated time and place to answer the charge which
26 shall thereafter be disposed of pursuant to the applicable provisions of
27 law.
28 § 2. Paragraph (a) of subdivision 2 of section 340.20 of the criminal
29 procedure law, as amended by chapter 430 of the laws of 1974, is amended
30 and a new paragraph (c) is added to read as follows:
31 (a) Subject to the provisions of [paragraph] paragraphs (b) and (c)
32 of this subdivision, a plea to an information must be entered orally by
33 the defendant in person unless the court permits entry thereof by coun-
34 sel upon the filing by [him] such defendant of a written and subscribed
35 statement by the defendant declaring that [he waives his] such defendant
36 waives their right to plead to the information in person and authorizing
37 [his] the defendant's attorney to enter a plea on [his] the defendant's
38 behalf as set forth in the authorization.
39 (c) If the only offense or offenses charged is a violation of a local
40 zoning ordinance or local zoning law or of a building or sanitation code
41 and such violation is punishable by a penalty of no greater than five
42 hundred dollars, the procedure provided in section 170.10 of this part,
43 relating to pleas in such cases, is, when appropriate, applicable and
44 controlling.
45 § 3. This act shall take effect immediately.
