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AB1654 Summary:

COSPNSRCarroll, Cruz, Darling, Davila, Epstein, Glick, Gonzalez-Rojas, Hevesi, Kim, Magnarelli, Reyes, Rosenthal L, Simon, Steck, Walker, Zinerman, Lee
Add §140.60, CP L
Requires police officers and peace officers to issue appearance tickets to individuals charged with certain offenses instead of arresting such individuals.
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AB1654 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2023
        Introduced  by  M. of A. AUBRY, CARROLL, CRUZ, DARLING, DAVILA, EPSTEIN,
          SIMON,  STECK,  WALKER,  ZINERMAN  --  read  once  and referred to the
          Committee on Codes
        AN ACT to amend the criminal procedure law,  in  relation  to  requiring
          police  officers  and  peace  officers  to issue appearance tickets to
          individuals charged with certain offenses instead  of  arresting  such
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
     2  section 140.60 to read as follows:
     3  § 140.60 Appearance tickets.
     4    1.  Notwithstanding the provisions of any other law to the contrary, a
     5  police officer or peace officer shall not arrest a person for an offense
     6  described in subdivision three of this section, unless one of the condi-
     7  tions in subdivision two of this section applies. A  police  officer  or
     8  peace office may issue either an appearance ticket requiring such person
     9  to  appear  before a local criminal court at a designated future time in
    10  connection with an accusatory instrument to be filed against such person
    11  therein or a notice of violation and hearing to commence a proceeding to
    12  recover a civil penalty in an administrative proceeding before an admin-
    13  istrative tribunal having jurisdiction over such proceeding in  lieu  of
    14  making an arrest.
    15    2.  A  police officer, acting pursuant to section 140.10 of this arti-
    16  cle, or a peace officer, acting pursuant to section 140.25 of this arti-
    17  cle, may arrest a person for an offense described in  subdivision  three
    18  of this section only if:
    19    (a) the officer is unable to ascertain the person's identity. An offi-
    20  cer  may  rely  on  various factors relevant to establishing identity in
    21  ascertaining a person's identity, including but not limited to  personal
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1654                             2
     1  knowledge  of such person, such person's self-identification, and photo-
     2  graphic identification. There is no requirement that  a  person  present
     3  photographic  identification  in order to be issued an appearance ticket
     4  in  lieu of arrest; however, if offered by such person, an officer shall
     5  accept as evidence of identity forms of identification including but not
     6  limited to a valid driver's license or  non-driver  identification  card
     7  issued by the commissioner of motor vehicles, the federal government,any
     8  United  States  territory,  commonwealth  or possession, the District of
     9  Columbia, a state government or municipal government within  the  United
    10  States  or  a  provincial  government of the dominion of Canada; a valid
    11  passport issued by the United States government or  any  other  country;
    12  and identification card issued by the armed forces of the United States;
    13  and an electronic benefit transfer card;
    14    (b)  the  officer  has reasonable cause to believe that the person has
    15  committed a crime in addition to an  offense  described  in  subdivision
    16  three of this section; or
    17    (c)  the  person presents an immediate threat of bodily injury to that
    18  person or another.
    19    3. This section shall  apply  to  the  enforcement  of  the  following
    20  offenses:
    21    (a)  A petty offense, as defined in subdivision thirty-nine of section
    22  1.20 of this chapter;
    23    (b) An offense contained in title 21 of chapter XXI of subchapter D of
    24  the state codes, rules and regulations;
    25    (c) An offense contained in chapter 1 of title 56 of the New York City
    26  rules and regulations; and
    27    (d) A violation of section 153.09 of the New York City health code.
    28    § 2. This act shall take effect on the thirtieth day  after  it  shall
    29  have become a law.
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