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.
STATE OF NEW YORK
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1645
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
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Introduced by M. of A. LENTOL, HAWLEY -- read once and referred to the
Committee on Codes
AN ACT to amend the executive law, in relation to prohibiting certain
plea bargain limitations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 231 to
2 read as follows:
3 § 231. Prosecution of certain violations of the vehicle and traffic
4 law. 1. The division of state police shall make no rule or regulation
5 nor shall otherwise limit a member of the state police's ability to
6 modify or recommend the modification of a charge before a court relating
7 to a petty violation of the vehicle and traffic law. In addition, a
8 member who has issued a citation or uniform traffic ticket (hereafter
9 referred to as the "issuing member") to a person for committing a petty
10 violation of the vehicle and traffic law shall be authorized to appear
11 before the court if authorized by the local district attorney where such
12 violation is returnable on behalf of the people of the state of New
13 York, at a date designated by the court, and recommend to the court the
14 modification of the original charge or charges.
15 2. This section is not intended to affect any plea bargain limitations
16 otherwise provided for in this chapter or other law of this state,
17 including, but not limited to, those limitations set forth for the
18 alleged commission of a violation of article thirty-one of the vehicle
19 and traffic law.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04523-01-3
