S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2505

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 16, 2009
                                      ___________

       Introduced  by  M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. TOWNS
         -- read once and referred to the Committee on Codes

       AN ACT to amend the criminal procedure law, in  relation  to  permitting
         the  electronic  filing  of  papers  in  local  criminal courts, where
         authorized by law

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Subdivision  5  of section 1.20 of the criminal procedure
    2  law, as separately amended by chapters 315, 383 and 729 of the  laws  of
    3  1972, is amended to read as follows:
    4    5.  "Simplified  traffic  information"  means  a  written  accusation,
    5  INCLUDING AN ACCUSATION WRITTEN IN ELECTRONIC FORM WHERE  AUTHORIZED  BY
    6  LAW,  more  fully  defined  and  described  in article one hundred, by a
    7  police officer or other public servant authorized by law to issue  same,
    8  filed with a local criminal court, which, being in a brief or simplified
    9  form  prescribed by the commissioner of motor vehicles, charges a person
   10  with one or more traffic infractions or misdemeanors relating  to  traf-
   11  fic,  and  which  may  serve both to commence a criminal action for such
   12  offense and as a basis for prosecution thereof.
   13    S 2. Paragraph (b) of subdivision 5 of section 1.20  of  the  criminal
   14  procedure law, as amended by chapter 661 of the laws of 1972, is amended
   15  to read as follows:
   16    (b)  "Simplified  traffic  information"  means  a  written accusation,
   17  INCLUDING AN ACCUSATION WRITTEN IN ELECTRONIC FORM WHERE  AUTHORIZED  BY
   18  LAW,  by  a police officer, or other public servant authorized by law to
   19  issue same, more fully defined and described  in  article  one  hundred,
   20  filed with a local criminal court, which, being in a brief or simplified
   21  form  prescribed by the commissioner of motor vehicles, charges a person
   22  with one or more traffic infractions or misdemeanors relating  to  traf-
   23  fic,  and  which  may  serve both to commence a criminal action for such
   24  offense and as a basis for prosecution thereof.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01582-01-9
       A. 2505                             2

    1    S 3. Subdivision 17 of section 1.20 of the criminal procedure  law  is
    2  amended to read as follows:
    3    17.  "Commencement of criminal action." A criminal action is commenced
    4  by the filing, INCLUDING FILING BY ELECTRONIC MEANS WHERE AUTHORIZED  BY
    5  LAW,  of  an  accusatory  instrument  against  a defendant in a criminal
    6  court, and, if more than one  accusatory  instrument  is  filed  in  the
    7  course of the action, it commences when the first of such instruments is
    8  filed.
    9    S 4. This act shall take effect immediately.