STATE OF NEW YORK
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5078
2019-2020 Regular Sessions
IN SENATE
April 8, 2019
___________
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when
printed to be committed 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
S. 5078 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.
