S00870 Summary:

BILL NOS00870C
 
SAME ASSAME AS A03702-C
 
SPONSORGRISANTI
 
COSPNSRKENNEDY
 
MLTSPNSR
 
Amd SS155 & 225, V & T L
 
Authorizes the city of Buffalo to provide by local law for the adjudication of traffic infractions.
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S00870 Actions:

BILL NOS00870C
 
01/09/2013REFERRED TO TRANSPORTATION
02/28/2013REPORTED AND COMMITTED TO FINANCE
04/17/2013AMEND (T) AND RECOMMIT TO FINANCE
04/17/2013PRINT NUMBER 870A
06/11/2013REPORTED AND COMMITTED TO RULES
10/09/2013AMEND AND RECOMMIT TO RULES
10/09/2013PRINT NUMBER 870B
01/08/2014REFERRED TO TRANSPORTATION
04/29/2014REPORTED AND COMMITTED TO FINANCE
06/02/20141ST REPORT CAL.1059
06/03/2014AMENDED 870C
06/03/20142ND REPORT CAL.
06/09/2014ADVANCED TO THIRD READING
06/18/2014HOME RULE REQUEST
06/18/2014PASSED SENATE
06/18/2014DELIVERED TO ASSEMBLY
06/18/2014referred to ways and means
06/19/2014substituted for a3702c
06/19/2014ordered to third reading rules cal.537
06/19/2014home rule request
06/19/2014passed assembly
06/19/2014returned to senate
12/30/2014DELIVERED TO GOVERNOR
01/29/2015POCKET VETO - VETO.587
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S00870 Floor Votes:

DATE:06/19/2014Assembly Vote  YEA/NAY: 127/1
Yes
Abbate
Yes
Curran
Yes
Hawley
ER
Markey
Yes
Quart
Yes
Steck
Yes
Abinanti
Yes
Cusick
ER
Heastie
Yes
Mayer
Yes
Ra
Yes
Stirpe
ER
Arroyo
Yes
Cymbrowitz
Yes
Hennessey
Yes
McDonald
Yes
Raia
Yes
Sweeney
Yes
Aubry
Yes
Davila
Yes
Hevesi
Yes
McDonough
Yes
Ramos
Yes
Tedisco
Yes
Barclay
Yes
DenDekker
ER
Hikind
Yes
McKevitt
Yes
Rivera
ER
Tenney
Yes
Barrett
Yes
Dinowitz
Yes
Hooper
Yes
McLaughlin
Yes
Roberts
Yes
Thiele
Yes
Benedetto
Yes
DiPietro
Yes
Jacobs
Yes
Miller
ER
Robinson
Yes
Titone
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
Millman
Yes
Rodriguez
Yes
Titus
Yes
Borelli
Yes
Englebright
Yes
Johns
Yes
Montesano
Yes
Rosa
Yes
Walter
Yes
Braunstein
Yes
Fahy
Yes
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Weinstein
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
ER
Weisenberg
Yes
Brindisi
Yes
Finch
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Bronson
No
Fitzpatrick
AB
Kellner
Yes
Nojay
Yes
Ryan
Yes
Wright
Yes
Brook-Krasny
Yes
Friend
Yes
Kim
Yes
Nolan
Yes
Saladino
Yes
Zebrowski
Yes
Buchwald
Yes
Galef
Yes
Kolb
Yes
Oaks
Yes
Santabarbara
Yes
Mr. Speaker
Yes
Butler
ER
Gantt
Yes
Lalor
Yes
O'Donnell
ER
Scarborough
Yes
Cahill
Yes
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
ER
Camara
Yes
Giglio
Yes
Lentol
Yes
Otis
Yes
Schimminger
Yes
Ceretto
Yes
Gjonaj
Yes
Lifton
Yes
Palmesano
Yes
Sepulveda
Yes
Clark
Yes
Glick
Yes
Lopez
Yes
Palumbo
Yes
Simanowitz
Yes
Colton
Yes
Goldfeder
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Cook
Yes
Goodell
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Corwin
AB
Gottfried
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
Yes
Graf
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Crouch
Yes
Gunther
Yes
Malliotakis
Yes
Pretlow
Yes
Stec

‡ Indicates voting via videoconference
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S00870 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         870--C
            Cal. No. 1059
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced by Sens. GRISANTI, KENNEDY -- read twice and ordered printed,
          and when printed to be committed to the Committee on Transportation --
          reported  favorably from said committee and committed to the Committee

          on Finance -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- reported  favorably  from
          said  committee  and  committed to the Committee on Rules -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- recommitted to the Committee on Transportation in
          accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
          committee and committed to the Committee on Finance -- reported favor-
          ably  from  said  committee, ordered to first report, amended on first
          report, ordered to a second report and  ordered  reprinted,  retaining
          its place in the order of second report
 
        AN  ACT  to  amend the vehicle and traffic law, in relation to directing
          the city of Buffalo 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04104-09-4

        S. 870--C                           2
 
     1  the term  "traffic  infraction"  as  herein  defined.  Except  in  those
     2  portions  of  Suffolk  county for which a district court has been estab-
     3  lished, outside of cities having a population in excess of  two  hundred
     4  thousand  but less than two hundred twenty thousand in which administra-

     5  tive tribunals have heretofore been established and  outside  of  cities
     6  having  a  population  in  excess of one million in which administrative
     7  tribunals have heretofore been established, courts and judicial officers
     8  heretofore having jurisdiction over such violations shall continue to do
     9  so and for such purpose such violations shall be deemed misdemeanors and
    10  all provisions of law relating to misdemeanors  except  as  provided  in
    11  section  eighteen  hundred  five  of  this  chapter and except as herein
    12  otherwise expressly provided shall apply except that no jury trial shall
    13  be allowed for traffic infractions. In those portions of Suffolk  county
    14  for  which a district court has been established, and in cities having a
    15  population in excess of two hundred thousand but less than  two  hundred

    16  twenty  thousand  in which administrative tribunals have heretofore been
    17  established and in cities having a population in excess of  one  million
    18  in  which administrative tribunals have heretofore been established, the
    19  criminal courts of such cities or portions of Suffolk county in which  a
    20  district  court has been established shall have jurisdiction to hear and
    21  determine any complaint alleging  a  violation  constituting  a  traffic
    22  infraction,  except that administrative tribunals heretofore established
    23  in such cities or portions of Suffolk county in which a  district  court
    24  has  been  established shall have jurisdiction to hear and determine any
    25  charge of an offense which is  a  traffic  infraction,  except  parking,
    26  standing  or  stopping.  In  cities having a population in excess of two

    27  hundred thousand in which administrative tribunals have heretofore  been
    28  established,  and  any  such  administrative tribunal established by the
    29  city of Yonkers, the city of Peekskill, or the city  of  Syracuse,  such
    30  tribunals shall have jurisdiction to hear and determine any charge of an
    31  offense  which  is  a  parking, standing or stopping violation. Any fine
    32  imposed by an administrative tribunal shall  be  a  civil  penalty.  For
    33  purposes  of  arrest  without a warrant, pursuant to article one hundred
    34  forty of the criminal procedure  law,  a  traffic  infraction  shall  be
    35  deemed an offense.
    36    §  2.  Subdivision 1 of section 225 of the vehicle and traffic law, as
    37  amended by chapter 388 of the laws  of  2012,  is  amended  to  read  as
    38  follows:
    39    1.  Notwithstanding  any inconsistent provision of law, all violations

    40  of this chapter or of a law, ordinance, order, rule or regulation relat-
    41  ing  to  traffic,  except  parking,  standing,  stopping  or  pedestrian
    42  offenses,  which  occur within a city having a population of two hundred
    43  thousand or more but less than two  hundred  twenty  thousand  in  which
    44  administrative  tribunals  have heretofore been established, or within a
    45  city having a population of one million or more in which  administrative
    46  tribunals have heretofore, been established, and which are classified as
    47  traffic  infractions,  may be heard and determined pursuant to the regu-
    48  lations of the commissioner as provided  in  this  article.  Whenever  a
    49  crime  and  a  traffic  infraction  arise out of the same transaction or
    50  occurrence, a charge alleging  both  offenses  may  be  made  returnable

    51  before  the  court  having  jurisdiction  over the crime. Nothing herein
    52  provided shall be construed to prevent a court, having jurisdiction over
    53  a criminal charge relating to traffic  or  a  traffic  infraction,  from
    54  lawfully  entering  a  judgment of conviction, whether or not based on a
    55  plea of guilty, for any offense classified as a traffic infraction.

        S. 870--C                           3
 
     1    § 3. Pending actions and proceedings. (a) No  proceeding  involving  a
     2  charge  of  a  traffic  infraction pending at such time when an existing
     3  administrative tribunal shall cease to exist shall be affected or abated
     4  by the passage of this act or by anything herein  contained  or  by  the
     5  cessation  of  the  existence  of  any administrative tribunal. All such
     6  proceedings are hereby transferred to the court of appropriate jurisdic-

     7  tion in the city where such traffic infractions allegedly occurred.
     8    (b)(i) The agency, department, office,  or  person  charged  with  the
     9  custody  of  the records of an existing administrative tribunal which is
    10  about to cease existing under, or in connection  with,  this  act  shall
    11  arrange  for  the  transfer of the records of pending proceedings to the
    12  court of appropriate jurisdiction to  which  the  proceedings  shall  be
    13  transferred.  The  presiding  judge  of  such court shall enter an order
    14  providing for adequate notice consistent with  due  process  of  law  to
    15  respondents  in  such pending proceedings regarding the transfer of such
    16  proceedings.
    17    (ii) In no event shall any difficulty  or  delay  resulting  from  the
    18  transfer  process,  not  caused  by the respondent, increase the penalty
    19  required of the respondent appearing before the court due to a  transfer

    20  of  the  traffic  infraction  proceeding  or  otherwise  prejudice  such
    21  respondent. Respondents before the court due to a transfer of the  traf-
    22  fic  infraction  proceeding from an administrative tribunal to the court
    23  that fail to appear shall be permitted at least one  adjournment  before
    24  the penalties and procedures pursuant to subdivision 3 of section 226 of
    25  the  vehicle  and traffic law shall be available. The presiding judge of
    26  such court shall enter an order providing for adequate notice consistent
    27  with due process of law to respondents, including notice of  the  penal-
    28  ties  and  procedures available pursuant to subdivision 3 of section 226
    29  of the vehicle and traffic law.
    30    § 4. This act shall take effect immediately.
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