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A02097 Summary:

A02097 Actions:

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.