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A08687 Summary:

BILL NOA08687A
 
SAME ASNo Same As
 
SPONSOROtis
 
COSPNSRMcDonald, Brabenec
 
MLTSPNSR
 
Amd 1.20 & 150.50, CP L
 
Relates to the definition of an accusatory instrument; provides that a parking ticket may be an accusatory instrument if certain criteria are met.
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A08687 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8687--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                   September 25, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  OTIS,  McDONALD,  BRABENEC  -- read once and
          referred to the Committee on Codes -- recommitted to the Committee  on
          Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the criminal procedure law, in  relation  to  the  defi-
          nition of an accusatory instrument
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 1.20  of  the  criminal  procedure
     2  law,  as  amended by chapter 209 of the laws of 1990, is amended to read
     3  as follows:
     4    1.  "Accusatory instrument" means: (a) an  indictment,  an  indictment
     5  ordered  reduced pursuant to subdivision one-a of section 210.20 of this
     6  chapter, an information, a simplified information, a prosecutor's infor-
     7  mation, a superior court information, a misdemeanor complaint or a felo-
     8  ny complaint. Every accusatory  instrument,  regardless  of  the  person
     9  designated  therein  as  accuser, constitutes an accusation on behalf of
    10  the state as plaintiff and must be entitled "the people of the state  of
    11  New York" against a designated person, known as the defendant[.]; and
    12    (b) an appearance ticket issued for a parking infraction when (i) such
    13  ticket  is  based on personal knowledge or information and belief of the
    14  police officer or other public servant who issues the ticket, (ii)   the
    15  police  officer  or other public servant who issues such ticket verifies
    16  that false statements made therein are punishable as a class A misdemea-
    17  nor, (iii) the infraction or infractions contained therein are stated in
    18  detail and not in conclusory terms so as to provide the  defendant  with
    19  sufficient   notice  including,  but  not  limited,  to  the  applicable
    20  provision of law allegedly violated, and the date, time  and  particular
    21  place of the alleged infraction, and (iv) such ticket contains:  (1) the
    22  license plate designation of the ticketed vehicle, (2) the license plate
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13470-02-8

        A. 8687--A                          2
 
     1  type  of  the ticketed vehicle, (3) the expiration of the ticketed vehi-
     2  cle's registration, (4) the make or model of the ticketed  vehicle,  and
     3  (5) the body type of the ticketed vehicle, provided, however, that where
     4  the plate type or the expiration date are not shown on either the regis-
     5  tration plates or sticker of a vehicle or where the registration sticker
     6  is  covered,  faded,  defaced or mutilated so that it is unreadable, the
     7  plate type or the expiration date may  be  omitted,  provided,  further,
     8  however,  that  such  condition must be so described and inserted on the
     9  instrument.
    10    § 2. Subdivision 1 of section 150.50 of the criminal procedure law, as
    11  amended by chapter 549 of the laws  of  1987,  is  amended  to  read  as
    12  follows:
    13    1.  A police officer or other public servant who has issued and served
    14  an appearance ticket must, at or before the time such appearance  ticket
    15  is  returnable,  file or cause to be filed with the local criminal court
    16  in which it is returnable a local criminal court  accusatory  instrument
    17  charging  the  person  named  in such appearance ticket with the offense
    18  specified  therein;  provided,  however,  that  no  separate  accusatory
    19  instrument shall be required to be filed for an appearance ticket issued
    20  for a parking infraction which conforms to the requirements set forth in
    21  paragraph  (b) of subdivision one of section 1.20 of this chapter. Noth-
    22  ing herein contained shall authorize the use of a simplified information
    23  when not authorized by law.
    24    § 3. This act shall take effect immediately.
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