STATE OF NEW YORK
________________________________________________________________________
S. 3131 A. 4276
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 4, 2019
___________
IN SENATE -- Introduced by Sen. CARLUCCI -- read twice and ordered
printed, and when printed to be committed to the Committee on Trans-
portation
IN ASSEMBLY -- Introduced by M. of A. GALEF, CAHILL -- read once and
referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to authorizing
a plea of guilty and payment of fines or penalties electronically via
the internet
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1805 of the vehicle and traffic law, as amended by
2 chapter 182 of the laws of 2004, is amended to read as follows:
3 § 1805. Plea of guilty, how put in. The provisions of section 170.10
4 of the criminal procedure law and the provisions of section eighteen
5 hundred seven of this article may be waived, to the extent hereinafter
6 indicated, by a defendant charged with a violation of any provision of
7 the tax law or the transportation law regulating traffic, or a traffic
8 infraction, as defined in this chapter, other than a third or subsequent
9 speeding violation committed within a period of eighteen months,
10 provided that he or she shall submit to the local criminal court having
11 jurisdiction, in person, by duly authorized agent, by first class mail
12 or by registered or certified mail, return receipt requested, or elec-
13 tronically via the internet, which method shall include instructions
14 relating to the use of an electronic signature, an application setting
15 forth (a) the nature of the charge, (b) the information or instructions
16 required by section eighteen hundred seven of this article to be given
17 defendant upon arraignment, (c) that defendant waives arraignment in
18 open court and the aid of counsel, (d) that he or she pleads guilty to
19 the offense as charged, (e) that defendant elects and requests that the
20 charge be disposed of and the fine or penalty fixed by the court, pursu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00253-01-9
S. 3131 2 A. 4276
1 ant to this section, (f) any statement or explanation that the defendant
2 may desire to make concerning the offense charged and (g) that defendant
3 makes all statements with respect to such application under penalty of
4 perjury. This application shall be in such form as the commissioner
5 shall prescribe and a copy thereof shall be handed to the defendant by
6 the officer charging him or her with such offense. Thereupon the local
7 criminal court may proceed as though the defendant had been convicted
8 upon a plea of guilty in open court, provided, however, that any imposi-
9 tion of fine or penalty hereunder shall be deemed tentative until such
10 fine or penalty shall have been paid and discharged in full, prior to
11 which time such court, in its discretion, may annul any proceedings
12 hereunder, including such tentative imposition of fine or penalty, and
13 deny the application, in which event the charge shall be disposed of
14 pursuant to the applicable provisions of law, as though no proceedings
15 had been had under this section. Such fine or penalty may be paid elec-
16 tronically via the internet in a manner and condition prescribed by the
17 court. If upon receipt of the aforesaid application such court shall
18 deny the same, it shall thereupon inform the defendant of this fact, and
19 that he or she is required to appear before the said court at a stated
20 time and place to answer the charge which shall thereafter be disposed
21 of pursuant to the applicable provisions of law.
22 § 2. This act shall take effect on the one hundred twentieth day after
23 it shall have become a law; provided, however, that the addition, amend-
24 ment and/or repeal of any rule or regulation necessary for the implemen-
25 tation of this act on its effective date are authorized and directed to
26 be made and completed on or before such effective date.
