S T A T E   O F   N E W   Y O R K
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                                 2401--A
    Cal. No. 45

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules -- reported  favora-
  bly  from said committee, ordered to a third reading, passed by Senate
  and delivered to the Assembly, recalled, vote  reconsidered,  restored
  to  third  reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN ACT to amend the vehicle and traffic  law,  in  relation  to  certain
  penalties  and forfeited security collected by the city of Buffalo and
  granting a traffic violations agency  certain  powers;  to  amend  the
  general municipal law, in relation to establishing the Buffalo traffic
  violations  agency; to amend the state finance law, in relation to the
  justice court fund; to amend the criminal procedure law,  in  relation
  to  a  trial  by  judicial  hearing  officer; to require the executive
  director of the Buffalo traffic violations agency to annually issue  a
  report on the progress, development and operations of such agency; and
  to  amend  the vehicle and traffic law, in relation to traffic infrac-
  tions in certain cities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  5  of section 227 of the vehicle and traffic
law, as amended by chapter 690 of the laws of 1996, is amended  to  read
as follows:
  5.  All  penalties  and  forfeited  security collected pursuant to the
provisions of this article shall be paid to the department of audit  and
control  to the credit of the justice court fund and shall be subject to
the applicable provisions of section  eighteen  hundred  three  of  this
chapter.  After  such audit as shall reasonably be required by the comp-
troller, such penalties and forfeited security shall be  paid  quarterly
or,  in  the  discretion of the comptroller, monthly, to the appropriate
jurisdiction in which the violation  occurred  in  accordance  with  the
provisions  of  section  ninety-nine-a  of the state finance law, except

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD08443-04-5

S. 2401--A                          2

that the sum of four dollars for each violation occurring in such juris-
diction for which a complaint has been  filed  with  the  administrative
tribunal  established  pursuant to this article shall be retained by the
state.  The  amount  distributed  during the first three quarters to the
[cities] CITY of Rochester [and Buffalo] in any given fiscal year  shall
not  exceed  seventy percent of the amount which will be otherwise paya-
ble. Provided, however, that if the full  costs  of  administering  this
article  shall exceed the amounts received and retained by the state for
any period specified by the commissioner, then such additional  sums  as
shall  be  required  to offset such costs shall be retained by the state
out of the penalties and forfeited security collected pursuant  to  this
article.
  S  2.  Section 370 of the general municipal law is amended by adding a
new subdivision 4 to read as follows:
  4. THERE SHALL BE AN EXECUTIVE DEPARTMENT OF THE BUFFALO CITY GOVERN-
MENT KNOWN AS THE BUFFALO TRAFFIC VIOLATIONS AGENCY, WHICH SHALL OPERATE
UNDER THE DIRECTION AND CONTROL OF THE MAYOR.
  S  3.  Subdivision 2 of section 370-a of the general municipal law, as
amended by chapter 388 of the laws of 2012, is amended and a new  subdi-
vision 1-a is added to read as follows:
  1-A. "TRAFFIC VIOLATIONS AGENCY" SHALL MEAN AN EXECUTIVE DEPARTMENT OF
THE CITY OF BUFFALO ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION
THREE HUNDRED SEVENTY OF THIS ARTICLE TO ADMINISTER AND DISPOSE OF TRAF-
FIC INFRACTIONS AS AUTHORIZED PURSUANT TO THIS ARTICLE.
  2. "Traffic prosecutor" shall mean an attorney duly admitted to  prac-
tice  law in the state of New York who, having been appointed and either
hired or retained pursuant to section three hundred seventy-four of this
article, has the responsibility of prosecuting any traffic  and  parking
infractions  returnable  before  the Nassau county district court or the
Suffolk county district court  OR ANY TRAFFIC INFRACTIONS RETURNABLE
BEFORE THE BUFFALO CITY COURT pursuant to the jurisdictional limitations
of section three hundred seventy-one of this article.
  S  4.  Section 371 of the general municipal law is amended by adding a
new subdivision 2-a to read as follows:
  2-A. THE BUFFALO TRAFFIC VIOLATIONS AGENCY, AS ESTABLISHED IN SUBDIVI-
SION FOUR OF SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE, MAY BE
AUTHORIZED TO ASSIST THE BUFFALO CITY COURT IN THE DISPOSITION AND
ADMINISTRATION OF INFRACTIONS OF TRAFFIC LAWS, ORDINANCES, RULES AND
REGULATIONS EXCEPT THAT SUCH AGENCY SHALL NOT HAVE JURISDICTION OVER (A)
THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW; (B) THE TRAFFIC
INFRACTION DEFINED UNDER SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW; (C) THE VIOLATION DEFINED
UNDER PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE
TRANSPORTATION LAW AND THE VIOLATION DEFINED UNDER CLAUSE (B) OF SUBPAR-
AGRAPH (III) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION ONE HUNDRED
FORTY OF THE TRANSPORTATION LAW; (D) THE TRAFFIC INFRACTION DEFINED
UNDER SECTION THREE HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND TRAFFIC
LAW AND THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW; (E) TRAFFIC
INFRACTIONS CONSTITUTING PARKING, STANDING, STOPPING OR PEDESTRIAN
OFFENSES; (F) ANY MISDEMEANOR OR FELONY; OR (G) ANY OFFENSE THAT IS PART
OF THE SAME CRIMINAL TRANSACTION, AS THAT TERM IS DEFINED IN SUBDIVISION
TWO OF SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW, AS A VIOLATION OF
SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
TRAFFIC LAW, A VIOLATION OF SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED

S. 2401--A                          3

NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, A VIOLATION OF PARAGRAPH (B)
OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE TRANSPORTATION LAW, A
VIOLATION OF CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVI-
SION TWO OF SECTION ONE HUNDRED FORTY OF THE TRANSPORTATION LAW, A
VIOLATION OF SECTION THREE HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND
TRAFFIC LAW, A VIOLATION CONSTITUTING A PARKING, STOPPING, STANDING OR
PEDESTRIAN OFFENSE, A VIOLATION OF SUBDIVISION (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW OR ANY MISDEMEANOR OR
FELONY.
  S 5. Section 371 of the general municipal law is amended by  adding  a
new subdivision 3-a to read as follows:
  3-A. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
THE BUFFALO TRAFFIC VIOLATIONS AGENCY MAY BE PERMITTED TO ANSWER, WITHIN
A SPECIFIED TIME, AT THE TRAFFIC VIOLATIONS AGENCY EITHER IN PERSON OR
BY WRITTEN POWER OF ATTORNEY IN SUCH FORM AS MAY BE PRESCRIBED IN THE
ORDINANCE OR LOCAL LAW CREATING THE AGENCY, BY PAYING A PRESCRIBED FINE
AND, IN WRITING, WAIVING A HEARING IN COURT, PLEADING GUILTY TO THE
CHARGE OR A LESSER CHARGE AGREEABLE TO THE TRAFFIC PROSECUTOR AND THE
PERSON CHARGED WITH AN INFRACTION, AND AUTHORIZING THE PERSON IN CHARGE
OF THE AGENCY TO ENTER SUCH A PLEA AND ACCEPT PAYMENT OF SAID FINE.
ACCEPTANCE OF THE PRESCRIBED FINE AND POWER OF ATTORNEY BY THE AGENCY
SHALL BE DEEMED COMPLETE SATISFACTION FOR THE VIOLATION, AND THE VIOLA-
TOR SHALL BE GIVEN A RECEIPT WHICH SO STATES. IF A PERSON CHARGED WITH A
TRAFFIC VIOLATION DOES NOT ANSWER AS HEREINBEFORE PRESCRIBED, WITHIN A
DESIGNATED TIME, THE AGENCY MAY CAUSE A COMPLAINT TO BE ENTERED AGAINST
HIM FORTHWITH AND A WARRANT TO BE ISSUED FOR HIS ARREST AND APPEARANCE
BEFORE THE COURT, SUCH SUMMONS TO BE PREDICATED UPON THE PERSONAL
SERVICE OF SAID SUMMONS UPON THE PERSON CHARGED WITH THE INFRACTION. ANY
PERSON WHO SHALL HAVE BEEN, WITHIN THE PRECEDING TWELVE MONTHS, GUILTY
OF THREE OR MORE VIOLATIONS, SHALL NOT BE PERMITTED TO APPEAR AND ANSWER
TO A SUBSEQUENT VIOLATION AT THE AGENCY, BUT MUST APPEAR IN COURT AT A
TIME SPECIFIED BY THE AGENCY. SUCH AGENCY SHALL NOT BE AUTHORIZED TO
DEPRIVE A PERSON OF HIS RIGHT TO COUNSEL OR TO PREVENT HIM FROM EXERCIS-
ING HIS RIGHT TO APPEAR IN COURT TO ANSWER TO, EXPLAIN, OR DEFEND ANY
CHARGE OF A VIOLATION OF ANY TRAFFIC LAW, ORDINANCE, RULE OR REGULATION.
  S 6. Section 371 of the general municipal law is amended by  adding  a
new subdivision 4-a to read as follows:
  4-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENAL-
TIES AND FORFEITURES COLLECTED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY
SHALL BE DISTRIBUTED AS PROVIDED IN SECTION EIGHTEEN HUNDRED THREE OF
THE VEHICLE AND TRAFFIC LAW. ALL FINES, PENALTIES AND FORFEITURES FOR
VIOLATIONS ADJUDICATED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY PURSUANT
TO SUBDIVISION TWO-A OF THIS SECTION EXCEPT AS PROVIDED IN SUBDIVISION
THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW, SHALL BE PAID
BY SUCH AGENCY TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE
MONTH FOLLOWING COLLECTION. EACH SUCH PAYMENT SHALL BE ACCOMPANIED BY A
TRUE AND COMPLETE REPORT IN SUCH FORM AND DETAIL AS THE COMPTROLLER
SHALL PRESCRIBE.
  S 7. The general municipal law is amended  by  adding  a  new  section
374-a to read as follows:
  S 374-A. TRAFFIC PROSECUTOR SELECTION AND OVERSIGHT. (A) THE EXECUTIVE
DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, APPOINTED PURSUANT TO
SUBDIVISION (B) OF THIS SECTION, SHALL SELECT AND MAY CONTRACT WITH OR
HIRE ONE OR MORE PERSONS WHO ARE ATTORNEYS, DULY ADMITTED TO THE PRAC-
TICE OF LAW IN NEW YORK STATE FOR THE PROSECUTION OF ANY TRAFFIC INFRAC-
TION, EXCEPT THOSE DESCRIBED IN PARAGRAPHS (A), (B), (C), (D), (E), (F)

S. 2401--A                          4

AND (G) OF SUBDIVISION TWO-A OF SECTION THREE HUNDRED SEVENTY-ONE OF
THIS ARTICLE, TO BE HEARD, TRIED OR OTHERWISE DISPOSED OF BY THE BUFFALO
CITY COURT. SUCH PERSONS SHALL BE KNOWN AS "TRAFFIC PROSECUTORS", AS
THAT TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-A OF THIS ARTICLE.
TRAFFIC PROSECUTORS SHALL HAVE THE SAME POWER AS A DISTRICT ATTORNEY
WOULD OTHERWISE HAVE IN THE PROSECUTION OF ANY TRAFFIC INFRACTION WHICH
MAY, PURSUANT TO THE JURISDICTIONAL PROVISIONS OF SECTION THREE HUNDRED
SEVENTY-ONE OF THIS ARTICLE, BE PROSECUTED BEFORE THE BUFFALO CITY COURT
IF THE TRAFFIC VIOLATION OCCURRED IN THE CITY OF BUFFALO. THE EXECUTIVE
DIRECTOR SHALL GIVE ACTIVE CONSIDERATION TO REQUIRING THAT SUCH TRAFFIC
PROSECUTORS SERVE ON A FULL-TIME BASIS. TRAFFIC PROSECUTORS ARE PROHIB-
ITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A TRAFFIC PROSECUTOR
IN ANY PART OF THE BUFFALO CITY COURT ON ANY MATTER RELATING TO TRAFFIC
VIOLATIONS AND ARE FURTHER PROHIBITED FROM APPEARING IN ANY CAPACITY
OTHER THAN AS A TRAFFIC PROSECUTOR IN ANY OTHER COURT OR ADMINISTRATIVE
TRIBUNAL ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
  (B) THE MAYOR OF THE CITY OF BUFFALO SHALL APPOINT A PERSON TO SERVE
AS THE EXECUTIVE DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY
SUBJECT TO THE CONFIRMATION OF THE COMMON COUNCIL OF THE CITY OF
BUFFALO. THE EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR THE OVERSIGHT
AND ADMINISTRATION OF THE AGENCY. THE EXECUTIVE DIRECTOR IS PROHIBITED
FROM APPEARING IN ANY CAPACITY IN ANY PART OF THE BUFFALO CITY COURT ON
ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND IS FURTHER PROHIBITED FROM
APPEARING IN ANY CAPACITY IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL
ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
  (C) IT SHALL BE A MISDEMEANOR FOR THE EXECUTIVE DIRECTOR, ANY TRAFFIC
PROSECUTOR OR ANY JUDICIAL HEARING OFFICER ASSIGNED TO HEAR TRAFFIC
VIOLATIONS CASES PURSUANT TO SECTION SIXTEEN HUNDRED NINETY OF THE VEHI-
CLE AND TRAFFIC LAW TO ESTABLISH ANY QUOTA OF TRAFFIC VIOLATION
CONVICTIONS WHICH MUST BE OBTAINED BY ANY TRAFFIC PROSECUTOR OR JUDICIAL
HEARING OFFICER. NOTHING CONTAINED HEREIN SHALL PROHIBIT THE TAKING OF
ANY JOB ACTION AGAINST A TRAFFIC PROSECUTOR OR JUDICIAL HEARING OFFICER
FOR FAILURE TO SATISFACTORILY PERFORM SUCH PROSECUTOR'S OR OFFICER'S JOB
ASSIGNMENT EXCEPT THAT THE EMPLOYMENT PRODUCTIVITY OF SUCH PROSECUTOR OR
OFFICER SHALL NOT BE MEASURED BY THE ATTAINMENT OR NONATTAINMENT OF ANY
CONVICTION QUOTA. FOR THE PURPOSES OF THIS SECTION A CONVICTION QUOTA
SHALL MEAN A SPECIFIC NUMBER OF CONVICTIONS WHICH MUST BE OBTAINED WITH-
IN A SPECIFIC TIME PERIOD.
  (D) PURSUANT TO ARTICLE 20 OF THE BUFFALO CITY CHARTER, THE CITY OF
BUFFALO MAY APPROPRIATE THOSE MONIES WHICH, IN ITS SOLE DISCRETION, ARE
NECESSARY FOR THE COMPENSATION OF THOSE PERSONS SELECTED TO SERVE AS
EXECUTIVE DIRECTOR AND TRAFFIC PROSECUTORS AND TO COVER ALL OTHER
EXPENSES ASSOCIATED WITH THE ADMINISTRATION OF THE BUFFALO TRAFFIC
VIOLATIONS AGENCY.
  S  8.  Subdivision  3  of  section  99-a  of the state finance law, as
amended by chapter 388 of the laws  of  2012,  is  amended  to  read  as
follows:
  3.  The  comptroller  is  hereby  authorized  to implement alternative
procedures, including guidelines in conjunction therewith,  relating  to
the remittance of fines, penalties, forfeitures and other moneys by town
and village justice courts, and by the Nassau and Suffolk counties traf-
fic  and parking violations agencies, AND BY THE CITY OF BUFFALO TRAFFIC
VIOLATIONS AGENCY, to the justice court fund and for the distribution of
such moneys by the justice court fund.  Notwithstanding any law  to  the
contrary, the alternative procedures utilized may include:
  a. electronic funds transfer;

S. 2401--A                          5

  b. remittance of funds by the justice court to the chief fiscal office
of  the town or village, or, in the case of the Nassau and Suffolk coun-
ties traffic and parking violations agencies, to the  county  treasurer,
OR, IN THE CASE OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, TO THE CITY OF
BUFFALO COMPTROLLER, for distribution in accordance with instructions by
the comptroller; and/or
  c. monthly, rather than quarterly, distribution of funds.
  The comptroller may require such reporting and record keeping as he or
she  deems  necessary  to  ensure  the  proper distribution of moneys in
accordance with applicable laws. A  justice  court  or  the  Nassau  and
Suffolk  counties traffic and parking violations agencies OR THE CITY OF
BUFFALO TRAFFIC VIOLATIONS AGENCY may utilize these procedures only when
permitted by the comptroller,  and  such  permission,  once  given,  may
subsequently be withdrawn by the comptroller on due notice.
  S  9.  Paragraph  (c) of subdivision 4-a of section 510 of the vehicle
and traffic law, as added by section 10 of part J of chapter 62  of  the
laws of 2003, is amended to read as follows:
  (c) Upon receipt of notification from a traffic and parking violations
agency  OR A TRAFFIC VIOLATIONS AGENCY of the failure of a person to
appear within sixty days of the return date or new subsequent  adjourned
date,  pursuant  to  an  appearance  ticket  charging said person with a
violation of:
  (i) any of the provisions of this  chapter  except  one  for  parking,
stopping or standing and except those violations described in paragraphs
(a),  (b),  (d),  (e)  and (f) of subdivision two AND IN PARAGRAPHS (A),
(B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
seventy-one of the general municipal law;
  (ii) section five hundred two or subdivision (a) of  section  eighteen
hundred fifteen of the tax law;
  (iii)  section fourteen-f (except paragraph (b) of subdivision four of
section fourteen-f), two hundred eleven or two  hundred  twelve  of  the
transportation law; or
  (iv)  any  lawful  ordinance  or  regulation made by a local or public
authority relating to traffic  (except  one  for  parking,  stopping  or
standing) or the failure to pay a fine imposed for such a violation by a
traffic  and  parking  violations agency OR A TRAFFIC VIOLATIONS AGENCY,
the commissioner or his or her agent may suspend the driver's license or
privileges of such person pending receipt of notice from the agency that
such person has appeared in response to such appearance  ticket  or  has
paid  such  fine.  Such suspension shall take effect no less than thirty
days from the day upon which notice thereof is sent by the  commissioner
to  the person whose driver's license or privileges are to be suspended.
Any suspension issued pursuant to this paragraph shall be subject to the
provisions of paragraph (j-1) of subdivision two of section five hundred
three of this chapter.
  S 10. Paragraph (b) of subdivision 3 of section 514 of the vehicle and
traffic law, as amended by section 11 of part J of  chapter  62  of  the
laws of 2003, is amended to read as follows:
  (b)  Upon  the  failure  of a person to appear or answer, within sixty
days of the return date or any subsequent adjourned date, or the failure
to pay a fine imposed by a traffic and parking violations  agency  OR A
TRAFFIC VIOLATIONS AGENCY pursuant to a summons charging him or her with
a violation of:
  (1)  any  of  the  provisions  of this chapter except one for parking,
stopping or standing and except those violations described in paragraphs
(a), (b), (d), (e) and (f) of subdivision two  AND IN PARAGRAPHS (A),

S. 2401--A                          6

(B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
seventy-one of the general municipal law;
  (2)  section  five  hundred two or subdivision (a) of section eighteen
hundred fifteen of the tax law;
  (3) section fourteen-f (except paragraph (b) of  subdivision  four  of
section  fourteen-f),  two  hundred  eleven or two hundred twelve of the
transportation law; or
  (4) any lawful ordinance or regulation  made  by  a  local  or  public
authority  relating  to  traffic  (except  one  for parking, stopping or
standing);
the clerk thereof shall within ten days certify that fact to the commis-
sioner, in the manner and form prescribed by the commissioner, who shall
record the same in his or her office. Thereafter and upon the appearance
of any such person in response to such summons or  the  receipt  of  the
fine by the agency, the traffic and parking violations agency, THE TRAF-
FIC VIOLATIONS AGENCY or the clerk thereof shall forthwith certify that
fact to the commissioner, in the  manner  and  form  prescribed  by  the
commissioner;  provided,  however,  no  such certification shall be made
unless  the  traffic  and  parking  violations  agency  OR THE TRAFFIC
VIOLATIONS AGENCY  has  collected  the  termination  of  suspension fee
required to be paid pursuant to paragraph (j-1) of  subdivision  two  of
section five hundred three of this chapter.
  S  11.  The article heading of article 44-A of the vehicle and traffic
law, as amended by chapter 388 of the laws of 2012, is amended  to  read
as follows:
                    AUTHORITY OF THE NASSAU AND SUFFOLK
              COUNTY DISTRICT COURT AND BUFFALO CITY COURT
                        JUDICIAL HEARING OFFICERS
  S  12.  The section heading of section 1690 of the vehicle and traffic
law, as amended by chapter 388 of the laws of 2012, is amended  to  read
as follows:
  Authority of the Nassau county and Suffolk county district court judi-
cial hearing officers AND THE CITY OF BUFFALO JUDICIAL HEARING OFFICERS.
  S 13. Section 1690 of the vehicle and traffic law is amended by adding
two new subdivisions 1-a and 4-a to read as follows:
  1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE TRIAL OF A
TRAFFIC INFRACTION IS AUTHORIZED OR REQUIRED TO BE TRIED BEFORE THE
BUFFALO CITY COURT, AND SUCH TRAFFIC INFRACTION DOES NOT CONSTITUTE A
MISDEMEANOR, FELONY, VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED NINETY-TWO, SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED NINETY-
TWO, SECTION THREE HUNDRED NINETY-SEVEN-A, OR SUBDIVISION (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, OR A VIOLATION OF PARAGRAPH (B)
OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OR CLAUSE (B) OF SUBPARAGRAPH
(III) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION ONE HUNDRED FORTY OF
THE TRANSPORTATION LAW, OR ANY PARKING, STOPPING, STANDING OR PEDESTRIAN
OFFENSE, OR ANY OFFENSE THAT IS PART OF THE SAME CRIMINAL TRANSACTION,
AS THAT TERM IS DEFINED IN SUBDIVISION TWO OF SECTION 40.10 OF THE CRIM-
INAL PROCEDURE LAW, AS SUCH A MISDEMEANOR, FELONY, VIOLATION OF SUBDIVI-
SION ONE OF SECTION ELEVEN HUNDRED NINETY-TWO, SUBDIVISION TWO OF
SECTION ELEVEN HUNDRED NINETY-TWO, SECTION THREE HUNDRED NINETY-SEVEN-A
OR SUBDIVISION (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, OR
A VIOLATION OF PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION FOURTEEN-F
OR CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH D OF SUBDIVISION TWO OF
SECTION ONE HUNDRED FORTY OF THE TRANSPORTATION LAW, OR ANY PARKING,
STOPPING, STANDING OR PEDESTRIAN OFFENSE, THE ADMINISTRATIVE JUDGE OF
THE EIGHTH JUDICIAL DISTRICT MAY ASSIGN JUDICIAL HEARING OFFICERS TO

S. 2401--A                          7

CONDUCT SUCH A TRIAL. SUCH JUDICIAL HEARING OFFICERS SHALL: (I) BE RESI-
DENTS OF THE CITY OF BUFFALO; AND (II) BE VILLAGE OR TOWN COURT
JUSTICES, CITY COURT JUDGES OR RETIRED JUDGES OR JUSTICES ALL OF WHICH
SHALL HAVE AT LEAST TWO YEARS OF EXPERIENCE CONDUCTING TRIALS OF TRAFFIC
VIOLATIONS CASES; AND (III) BE ADMITTED TO PRACTICE LAW IN THIS STATE;
AND (IV) BE SELECTED FROM A LIST OF RECOMMENDATIONS OF THE MAYOR OF THE
CITY OF BUFFALO PROVIDED THAT THE MAYOR SHALL GIVE AT LEAST THREE RECOM-
MENDATIONS FOR EACH JUDICIAL HEARING OFFICER ASSIGNMENT. WHERE SUCH
ASSIGNMENT IS MADE, THE JUDICIAL HEARING OFFICER SHALL ENTERTAIN THE
CASE IN THE SAME MANNER AS A COURT AND SHALL:
  (A) DETERMINE ALL QUESTIONS OF LAW;
  (B) ACT AS THE EXCLUSIVE TRIER OF ALL ISSUES OF FACT;
  (C) RENDER A VERDICT;
  (D) IMPOSE SENTENCE; OR
  (E) DISPOSE OF THE CASE IN ANY MANNER PROVIDED BY LAW.
  4-A. JUDICIAL HEARING OFFICERS ARE PROHIBITED FROM APPEARING IN ANY
CAPACITY OTHER THAN AS A JUDICIAL HEARING OFFICER IN ANY PART OF BUFFALO
CITY COURT ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND ARE FURTHER
PROHIBITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A JUDICIAL HEAR-
ING OFFICER IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL ON ANY MATTER
RELATING TO TRAFFIC VIOLATIONS.
  S 14. Subdivision 5 of section 350.20 of the criminal  procedure  law,
as  amended  by  chapter  388 of the laws of 2012, is amended to read as
follows:
  5. Notwithstanding the provisions of subdivision one of this  section,
for  all  proceedings  before  the  district  court of Nassau county the
administrative judge of Nassau  county  may,  and  for  all  proceedings
before the district court of Suffolk county, the administrative judge of
Suffolk  county  may, without the consent of the parties, assign matters
involving traffic and parking  infractions  except  those  described  in
paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
three  hundred  seventy-one  of  the general municipal law to a judicial
hearing officer in accordance with the  provisions  of  section  sixteen
hundred  ninety  of  the vehicle and traffic law AND FOR ALL PROCEEDINGS
BEFORE THE BUFFALO CITY COURT THE ADMINISTRATIVE JUDGE OF THE EIGHTH
JUDICIAL DISTRICT MAY, WITHOUT THE CONSENT OF THE PARTIES, ASSIGN
MATTERS INVOLVING TRAFFIC INFRACTIONS EXCEPT THOSE DESCRIBED IN PARA-
GRAPHS (A), (B), (C), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A OF
SECTION THREE HUNDRED SEVENTY-ONE OF THE GENERAL MUNICIPAL LAW TO A
JUDICIAL HEARING OFFICER IN ACCORDANCE WITH THE PROVISIONS OF SECTION
SIXTEEN HUNDRED NINETY OF THE VEHICLE AND TRAFFIC LAW.
  S 15. The executive director of the Buffalo traffic violations  agency
shall  issue on an annual basis, beginning eighteen months following the
creation of the Buffalo traffic violations agency pursuant  to  city  of
Buffalo  local  law,  a  report  detailing the progress, development and
operations of the traffic  violations  agency.    The  report  shall  be
provided  to  the  governor,  the temporary president of the senate, the
speaker of the assembly, the mayor of Buffalo,  the  common  council  of
Buffalo,  the  presiding  judge  of  the Buffalo city court and the Erie
county district attorney.
  S 16.  Section 155 of the vehicle and traffic law, as amended by chap-
ter 628 of the laws of 2002, is amended to read as follows:
  S 155. Traffic infraction. The violation  of  any  provision  of  this
chapter,  except  articles  forty-seven  and forty-eight, or of any law,
ordinance, order, rule or regulation regulating  traffic  which  is  not
declared  by this chapter or other law of this state to be a misdemeanor

S. 2401--A                          8

or a felony. A traffic infraction is not  a  crime  and  the  punishment
imposed therefor shall not be deemed for any purpose a penal or criminal
punishment  and  shall not affect or impair the credibility as a witness
or  otherwise  of any person convicted thereof. This definition shall be
retroactive and shall  apply  to  all  acts  and  violations  heretofore
committed  where such acts and violations would, if committed subsequent
to the taking effect of this section, be included within the meaning  of
the  term  "traffic  infraction"  as  herein  defined.  Except  in those
portions of Suffolk county for which a district court  has  been  estab-
lished,  outside  of cities having a population in excess of two hundred
thousand BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which  administra-
tive  tribunals  have  heretofore been established AND OUTSIDE OF CITIES
HAVING A POPULATION OF ONE MILLION IN WHICH ADMINISTRATIVE TRIBUNALS
HAVE HERETOFORE BEEN ESTABLISHED, courts and judicial officers hereto-
fore having jurisdiction over such violations shall continue  to  do  so
and  for  such  purpose such violations shall be deemed misdemeanors and
all provisions of law relating to misdemeanors  except  as  provided  in
section  eighteen  hundred  five  of  this  chapter and except as herein
otherwise expressly provided shall apply except that no jury trial shall
be allowed for traffic infractions. In those portions of Suffolk  county
for  which a district court has been established, and in cities having a
population in excess of two hundred thousand BUT LESS THAN TWO HUNDRED
TWENTY THOUSAND  in which administrative tribunals have heretofore been
established AND IN CITIES HAVING A POPULATION IN EXCESS OF ONE MILLION
IN WHICH ADMINISTRATIVE TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, the
criminal courts of such cities or portions of Suffolk county in which  a
district  court has been established shall have jurisdiction to hear and
determine any complaint alleging  a  violation  constituting  a  traffic
infraction,  except that administrative tribunals heretofore established
in such cities or portions of Suffolk county in which a  district  court
has  been  established shall have jurisdiction to hear and determine any
charge of an offense which is  a  traffic  infraction,  except  parking,
standing  or  stopping.  In  cities having a population in excess of two
hundred thousand in which administrative tribunals have heretofore  been
established,  and  any  such  administrative tribunal established by the
city of Yonkers, the city of Peekskill, or the city  of  Syracuse,  such
tribunals shall have jurisdiction to hear and determine any charge of an
offense  which  is  a  parking, standing or stopping violation. Any fine
imposed by an administrative tribunal shall  be  a  civil  penalty.  For
purposes  of  arrest  without a warrant, pursuant to article one hundred
forty of the criminal procedure  law,  a  traffic  infraction  shall  be
deemed an offense.
  S  17. Subdivision 1 of section 225 of the vehicle and traffic law, as
amended by chapter 388 of the laws  of  2012,  is  amended  to  read  as
follows:
  1.  Notwithstanding  any inconsistent provision of law, all violations
of this chapter or of a law, ordinance, order, rule or regulation relat-
ing  to  traffic,  except  parking,  standing,  stopping  or  pedestrian
offenses,  which  occur within a city having a population of two hundred
thousand or more BUT LESS THAN TWO HUNDRED TWENTY THOUSAND  in  which
administrative  tribunals  have heretofore been established, OR WITHIN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH ADMINISTRATIVE
TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, and which are classified as
traffic infractions, may be heard and determined pursuant to  the  regu-
lations  of  the  commissioner  as  provided in this article. Whenever a
crime and a traffic infraction arise out  of  the  same  transaction  or

S. 2401--A                          9

occurrence,  a  charge  alleging  both  offenses  may be made returnable
before the court having jurisdiction  over  the  crime.  Nothing  herein
provided shall be construed to prevent a court, having jurisdiction over
a  criminal  charge  relating  to  traffic or a traffic infraction, from
lawfully entering a judgment of conviction, whether or not  based  on  a
plea of guilty, for any offense classified as a traffic infraction.
  S  18.  Pending actions and proceedings. (a) No proceeding involving a
charge of a traffic infraction pending at such  time  when  an  existing
administrative tribunal shall cease to exist shall be affected or abated
by  the  passage  of  this act or by anything herein contained or by the
cessation of the existence of  any  administrative  tribunal.  All  such
proceedings are hereby transferred to the court of appropriate jurisdic-
tion in the city where such traffic infractions allegedly occurred.
  (b)  (i)  The  agency,  department, office, or person charged with the
custody of the records of an existing administrative tribunal  which  is
about  to  cease  existing  under, or in connection with, this act shall
arrange for the transfer of the records of pending  proceedings  to  the
court  of  appropriate  jurisdiction  to  which the proceedings shall be
transferred.  The presiding judge of such court  shall  enter  an  order
providing  for  adequate  notice  consistent  with due process of law to
respondents in such pending proceedings regarding the transfer  of  such
proceedings.
  (ii)  In  no  event  shall  any difficulty or delay resulting from the
transfer process, not caused by the  respondent,  increase  the  penalty
required  of the respondent appearing before the court due to a transfer
of  the  traffic  infraction  proceeding  or  otherwise  prejudice  such
respondent.  Respondents before the court due to a transfer of the traf-
fic infraction proceeding from an administrative tribunal to  the  court
that  fail  to appear shall be permitted at least one adjournment before
the penalties and procedures pursuant to subdivision 3 of section 226 of
the vehicle and traffic law shall be available.  The presiding judge  of
such court shall enter an order providing for adequate notice consistent
with  due  process of law to respondents, including notice of the penal-
ties and procedures available pursuant to subdivision 3 of  section  226
of the vehicle and traffic law.
  S  19. This act shall take effect immediately; provided, however, that
the provisions of sections two, three, seven, and eleven  through  four-
teen  of  this  act  shall  take  effect on the same date as the city of
Buffalo shall have established a traffic violations agency, by enactment
of a local law hereby authorized;  provided,  further,  that  if  estab-
lished,  such  agency  and the city of Buffalo shall comply with all the
provisions of law set forth in this act;  provided,  further,  that  the
amendments  to section 371 of the general municipal law made by sections
four, five and six of this act shall not affect the expiration  of  such
section and shall be deemed to expire therewith; provided, further, that
the  city  of Buffalo shall notify the legislative bill drafting commis-
sion upon the occurrence of the enactment of the local law provided  for
in  this  section  in order that the commission may maintain an accurate
and timely effective data base of the official text of the laws  of  the
state  of  New  York  in  furtherance  of effectuating the provisions of
section 44 of the legislative law and section 70-b of the  public  offi-
cers  law;  and  provided, further, that sections one, four through six,
eight through ten, and fifteen through eighteen of this act  shall  take
effect  forty-five days after the city of Buffalo shall have established
a traffic violations agency by enactment of a local law pursuant to this
section.