New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A02333 Summary:

A02333 Actions:

A02333 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:04/09/2019AYE/NAY:13/9  Action: Favorable         
Lentol
Aye
Ra
Nay
Schimminger
Nay
Giglio
Nay
Pretlow
Aye
Montesano
Nay
Cook
Aye
Morinello
Nay
Cymbrowitz
Aye
Palumbo
Nay
O'Donnell
Aye
Garbarino
Nay
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Nay
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Nay
Seawright
Aye
Rosenthal
Aye

A02333 Floor Votes:

A02333 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2333
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by M. of A. OTIS, BRABENEC, THIELE -- read once and referred
          to the Committee on Codes
 
        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
    23  type  of  the ticketed vehicle, (3) the expiration of the ticketed vehi-
    24  cle's registration, (4) the make or model of the ticketed  vehicle,  and
    25  (5) the body type of the ticketed vehicle, provided, however, that where
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01653-01-9
        A. 2333                             2
 
     1  the plate type or the expiration date are not shown on either the regis-
     2  tration plates or sticker of a vehicle or where the registration sticker
     3  is  covered,  faded,  defaced or mutilated so that it is unreadable, the
     4  plate  type  or  the  expiration date may be omitted, provided, further,
     5  however, that such condition must be so described and  inserted  on  the
     6  instrument.
     7    § 2. Subdivision 1 of section 150.50 of the criminal procedure law, as
     8  amended  by  chapter  549  of  the  laws  of 1987, is amended to read as
     9  follows:
    10    1. A police officer or other public servant who has issued and  served
    11  an  appearance ticket must, at or before the time such appearance ticket
    12  is returnable, file or cause to be filed with the local  criminal  court
    13  in  which  it is returnable a local criminal court accusatory instrument
    14  charging the person named in such appearance  ticket  with  the  offense
    15  specified  therein;  provided,  however,  that  no  separate  accusatory
    16  instrument shall be required to be filed for an appearance ticket issued
    17  for a parking infraction which conforms to the requirements set forth in
    18  paragraph (b) of subdivision one of section 1.20 of this chapter.  Noth-
    19  ing herein contained shall authorize the use of a simplified information
    20  when not authorized by law.
    21    § 3. This act shall take effect immediately.