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A02097 Summary:

BILL NOA02097
 
SAME ASNo Same As
 
SPONSORLentol
 
COSPNSR
 
MLTSPNSRHawley
 
Add 233, Exec L
 
Establishes the division of state police shall make no rule or regulation prohibiting members of the state police from modifying or recommending the modification of a charge before a court in certain cases related to violations of the vehicle and traffic law.
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A02097 Actions:

BILL NOA02097
 
01/17/2017referred to codes
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A02097 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2097
 
SPONSOR: Lentol (MS)
  TITLE OF BILL: An act to amend the executive law, in relation to prohibiting certain plea bargain limitations   PURPOSE: This legislation would prohibit the Division of State police from making rules or regulations which would limit the ability of a member of the New York State police to appear at any local court or facility within their geographical area of employment, to recommend a reduced charge from a violation of the Vehicle and Traffic law, other than any violation relating to the consumption or possession of alcohol or drugs.   SUMMARY OF PROVISIONS: Section 1 of the executive law is amended by adding a new section 233 which prohibits certain plea bargain limitations. The superintendent shall not be allowed to prohibit members of the state police in any case wherein the charge laid before the court alleges a violation of the vehicle and traffic law, other than a violation of article thirty-one of the vehicle and traffic law, from accepting in satisfaction of such charge a plea of guilty to a charge other than the original charge.   JUSTIFICATION: This bill is necessary to overturn a newly enforced regulation imposed by the New York State police Superintendent to prohibit members of the State Police from plea-bargaining with motorists for vehicle and traffic offenses. The policy change proposed by the State police leadership would cost taxpayers more money to get the same result, shifting the cost of prose- cutions to localities, while not even necessarily reducing State costs. Consequences of the policy change would include, a potential extra trip to the courthouse for the motorist, and an extra law enforcement offi- cial in the courtroom at the same time as the Trooper, as well as, addi- tional county prosecutors which would have to be funded by increasing real property taxes. Prosecutors do not have the manpower to take on the additional workload and would require a significant infusion of taxpayer dollars to do so.   LEGISLATIVE HISTORY: 2007 - S.3445: VETOED. MEMO 95 2005 - S.7354: VETOED. MEMO 390 A10471 of 2008 A.6974 of 2009-10 A.1379 of 2011-12 A.1645 of 2013-14 A.924 of 2015-16   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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