Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Apr 02, 2010 |
referred to transportation |
Assembly Bill A10531
2009-2010 Legislative Session
Sponsored By
TEDISCO
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
multi-Sponsors
Stephen Hawley
2009-A10531 (ACTIVE) - Details
2009-A10531 (ACTIVE) - Summary
Relates to plea bargaining and personal court appearances by certain driver's license holders; restricts class DJ or class MJ license holders from plea bargaining to a lesser charge unless the district attorney consents after reviewing the evidence; requires a defendant who is a holder of a class DJ or class MJ license to make a personal appearance in court.
2009-A10531 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10531 TITLE OF BILL: An act to amend the vehicle and traffic law and the criminal procedure law, in relation to plea bargaining options and personal court appearances for certain driver's license holders PURPOSE: The purpose of this bill is to reduce automobile crashes and fatalities involving inexperienced drivers by requiring these drivers to more personally confront the consequences of their actions involving traffic violations. It does so by 1) restricting plea bargaining by inexperienced drivers charged with traffic violations and 2) requiring inexperienced drivers so charged to personally appear in court. SUMMARY OF PROVISIONS: Bill sections one and two amend sec. 1805 of the Vehicle and Traffic Law and sec. 170.10 of the Criminal Procedure Law to exclude inexperienced drivers (those with class DJ and MJ permits and licenses) from current provisions of law which permit persons charged with traffic violations to plead guilty by mail, or to appear solely by counsel. The new provisions effectively require
2009-A10531 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10531 I N A S S E M B L Y April 2, 2010 ___________ Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. HAWLEY -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law and the criminal procedure law, in relation to plea bargaining options and personal court appear- ances for certain driver's license holders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1805 of the vehicle and traffic law, as amended by chapter 182 of the laws of 2004, is amended to read as follows: S 1805. Plea of guilty, how put in. [The] EXCEPT IN ANY CASE IN WHICH THE DEFENDANT IS A HOLDER OF A CLASS DJ OR CLASS MJ LEARNER'S PERMIT OR CLASS DJ OR CLASS MJ DRIVER'S LICENSE PURSUANT TO SECTION FIVE HUNDRED TWO OR LIMITED CLASS DJ OR MJ LICENSE PURSUANT TO SECTION FIVE HUNDRED THREE-A OF THIS CHAPTER, THE provisions of section 170.10 of the crimi- nal procedure law and the provisions of section eighteen hundred seven of this article may be waived, to the extent hereinafter indicated, by a defendant charged with a violation of any provision of the tax law or the transportation law regulating traffic, or a traffic infraction, as defined in this chapter, other than a third or subsequent speeding violation committed within a period of eighteen months, provided that he OR SHE shall submit to the local criminal court having jurisdiction, in person, by duly authorized agent, by first class mail or by registered or certified mail, return receipt requested, an application setting forth (a) the nature of the charge, (b) the information or instructions required by section eighteen hundred seven of this article to be given defendant upon arraignment, (c) that defendant waives arraignment in open court and the aid of counsel, (d) that he OR SHE pleads guilty to the offense as charged, (e) that defendant elects and requests that the charge be disposed of and the fine or penalty fixed by the court, pursu- ant to this section, (f) any statement or explanation that the defendant may desire to make concerning the offense charged and (g) that defendant makes all statements with respect to such application under penalty of perjury. This application shall be in such form as the commissioner shall prescribe and a copy thereof shall be handed to the defendant by EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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