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A00612 Summary:

A00612 Actions:

A00612 Floor Votes:

A00612 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         612--B
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  M. of A. PEOPLES-STOKES, GABRYSZAK -- Multi-Sponsored by
          -- M. of A.  BOYLAND, COLTON, J. RIVERA -- read once and  referred  to
          the Committee on Transportation -- committee discharged, bill amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --

          recommitted to the Committee  on  Transportation  in  accordance  with
          Assembly  Rule  3, sec. 2 -- reported and referred to the Committee on
          Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
 
        AN  ACT to amend the vehicle and traffic law, in relation to authorizing
          certain cities to adjudicate traffic infractions
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 155 of the vehicle and traffic law, as amended by
     2  chapter 628 of the laws of 2002, is amended to read as follows:
     3    § 155. Traffic infraction. The violation  of  any  provision  of  this
     4  chapter,  except  articles  forty-seven  and forty-eight, or of any law,
     5  ordinance, order, rule or regulation regulating  traffic  which  is  not

     6  declared  by this chapter or other law of this state to be a misdemeanor
     7  or a felony. A traffic infraction is not  a  crime  and  the  punishment
     8  imposed therefor shall not be deemed for any purpose a penal or criminal
     9  punishment  and  shall not affect or impair the credibility as a witness
    10  or otherwise of any person convicted thereof. This definition  shall  be
    11  retroactive  and  shall  apply  to  all  acts  and violations heretofore
    12  committed where such acts and violations would, if committed  subsequent
    13  to  the taking effect of this section, be included within the meaning of
    14  the term  "traffic  infraction"  as  herein  defined.  Except  in  those
    15  portions  of  Suffolk  county for which a district court has been estab-
    16  lished, outside of cities having a population in excess of  two  hundred
    17  thousand  but less than two hundred twenty thousand in which administra-

    18  tive tribunals have heretofore been established and  outside  of  cities
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04701-04-2
        A. 612--B                           2
 
     1  having  a  population  in  excess of one million in which administrative
     2  tribunals have heretofore been established, courts and judicial officers
     3  heretofore having jurisdiction over such violations shall continue to do
     4  so and for such purpose such violations shall be deemed misdemeanors and
     5  all  provisions  of  law  relating to misdemeanors except as provided in
     6  section eighteen hundred five of  this  chapter  and  except  as  herein

     7  otherwise expressly provided shall apply except that no jury trial shall
     8  be  allowed for traffic infractions. In those portions of Suffolk county
     9  for which a district court has been established, and in cities having  a
    10  population  in  excess of two hundred thousand but less than two hundred
    11  twenty thousand in which administrative tribunals have  heretofore  been
    12  established  and  in cities having a population in excess of one million
    13  in which administrative tribunals have heretofore been established,  the
    14  criminal  courts of such cities or portions of Suffolk county in which a
    15  district court has been established shall have jurisdiction to hear  and
    16  determine  any  complaint  alleging  a  violation constituting a traffic
    17  infraction, except that administrative tribunals heretofore  established

    18  in  such  cities or portions of Suffolk county in which a district court
    19  has been established shall have jurisdiction to hear and  determine  any
    20  charge  of  an  offense  which  is a traffic infraction, except parking,
    21  standing or stopping. In cities having a population  in  excess  of  two
    22  hundred  thousand in which administrative tribunals have heretofore been
    23  established, and any such administrative  tribunal  established  by  the
    24  city  of  Yonkers,  the city of Peekskill, or the city of Syracuse, such
    25  tribunals shall have jurisdiction to hear and determine any charge of an
    26  offense which is a parking, standing or  stopping  violation.  Any  fine
    27  imposed  by  an  administrative  tribunal  shall be a civil penalty. For
    28  purposes of arrest without a warrant, pursuant to  article  one  hundred
    29  forty  of  the  criminal  procedure  law,  a traffic infraction shall be
    30  deemed an offense.

    31    § 2. Subdivision 1 of section 225 of the vehicle and traffic  law,  as
    32  amended  by  chapter  173  of  the  laws  of 1990, is amended to read as
    33  follows:
    34    1. Notwithstanding any inconsistent provision of law,  all  violations
    35  of this chapter or of a law, ordinance, order, rule or regulation relat-
    36  ing  to  traffic,  except  parking,  standing,  stopping  or  pedestrian
    37  offenses, which occur within a city having a population of  two  hundred
    38  thousand  or  more  but  less  than two hundred twenty thousand in which
    39  administrative tribunals have heretofore been established, or  within  a
    40  city  having a population of one million or more in which administrative
    41  tribunals have heretofore been established, or within  that  portion  of
    42  Suffolk  county  for  which  a  district court has been established, and

    43  which are classified as traffic infractions, may be heard and determined
    44  pursuant to the regulations of the  commissioner  as  provided  in  this
    45  article. Whenever a crime and a traffic infraction arise out of the same
    46  transaction  or  occurrence, a charge alleging both offenses may be made
    47  returnable before the court having jurisdiction over the crime.  Nothing
    48  herein  provided shall be construed to prevent a court, having jurisdic-
    49  tion over a criminal charge relating to traffic or a traffic infraction,
    50  from lawfully entering a judgment of conviction, whether or not based on
    51  a plea of guilty, for any offense classified as a traffic infraction.
    52    § 3. Pending actions and proceedings. (a) No  proceeding  involving  a
    53  charge  of  a  traffic  infraction pending at such time when an existing
    54  administrative tribunal shall cease to exist shall be affected or abated

    55  by the passage of this act or by anything herein  contained  or  by  the
    56  cessation  of  the  existence  of  any administrative tribunal. All such
        A. 612--B                           3
 
     1  proceedings are hereby transferred to the court of appropriate jurisdic-
     2  tion in the city where such traffic infractions allegedly occurred.
     3    (b)(i)  The  agency,  department,  office,  or person charged with the
     4  custody of the records of an existing administrative tribunal  which  is
     5  about  to  cease  existing  under, or in connection with, this act shall
     6  arrange for the transfer of the records of pending  proceedings  to  the
     7  court  of  appropriate  jurisdiction  to  which the proceedings shall be
     8  transferred. The presiding judge of such  court  shall  enter  an  order
     9  providing  for  adequate  notice  consistent  with due process of law to

    10  respondents in such pending proceedings regarding the transfer  of  such
    11  proceedings.
    12    (ii)  In  no  event  shall  any difficulty or delay resulting from the
    13  transfer process, not caused by the  respondent,  increase  the  penalty
    14  required  of the respondent appearing before the court due to a transfer
    15  of  the  traffic  infraction  proceeding  or  otherwise  prejudice  such
    16  respondent.  Respondents before the court due to a transfer of the traf-
    17  fic infraction proceeding from an administrative tribunal to  the  court
    18  that  fail  to appear shall be permitted at least one adjournment before
    19  the penalties and procedures pursuant to subdivision 3 of section 226 of
    20  the vehicle and traffic law shall be available. The presiding  judge  of
    21  such court shall enter an order providing for adequate notice consistent
    22  with  due  process of law to respondents, including notice of the penal-

    23  ties and procedures available pursuant to subdivision 3 of  section  226
    24  of the vehicle and traffic law.
    25    §  4.  This act shall take effect immediately; provided, however, that
    26  sections one and two of this act shall be deemed to have  been  in  full
    27  force  and effect on and after June 1, 2012, and provided, further, that
    28  effective immediately, the addition, amendment and/or repeal of any rule
    29  or regulation necessary for the implementation of this act on its effec-
    30  tive date is authorized and directed to be  made  and  completed  on  or
    31  before such effective date.