S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3201
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A. AUBRY, SEPULVEDA, HYNDMAN, RICHARDSON -- read
   once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  requiring
   police  officers  and  peace  officers  to issue appearance tickets to
   individuals charged with certain offenses instead  of  arresting  such
   individuals

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 140.60 to read as follows:
 § 140.60 APPEARANCE TICKETS.
   1.  NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, A
 POLICE OFFICER OR PEACE OFFICER SHALL NOT ARREST A PERSON FOR AN OFFENSE
 DESCRIBED IN SUBDIVISION THREE OF THIS SECTION, UNLESS ONE OF THE CONDI-
 TIONS IN SUBDIVISION TWO OF THIS SECTION APPLIES. A  POLICE  OFFICER  OR
 PEACE OFFICE MAY ISSUE EITHER AN APPEARANCE TICKET REQUIRING SUCH PERSON
 TO  APPEAR  BEFORE A LOCAL CRIMINAL COURT AT A DESIGNATED FUTURE TIME IN
 CONNECTION WITH AN ACCUSATORY INSTRUMENT TO BE FILED AGAINST SUCH PERSON
 THEREIN OR A NOTICE OF VIOLATION AND HEARING TO COMMENCE A PROCEEDING TO
 RECOVER A CIVIL PENALTY IN AN ADMINISTRATIVE PROCEEDING BEFORE AN ADMIN-
 ISTRATIVE TRIBUNAL HAVING JURISDICTION OVER SUCH PROCEEDING IN  LIEU  OF
 MAKING AN ARREST.
   2.  A  POLICE OFFICER, ACTING PURSUANT TO SECTION 140.10 OF THIS ARTI-
 CLE, OR A PEACE OFFICER, ACTING PURSUANT TO SECTION 140.25 OF THIS ARTI-
 CLE, MAY ARREST A PERSON FOR AN OFFENSE DESCRIBED IN  SUBDIVISION  THREE
 OF THIS SECTION ONLY IF:
   (A) THE OFFICER IS UNABLE TO ASCERTAIN THE PERSON'S IDENTITY. AN OFFI-
 CER  MAY  RELY  ON  VARIOUS FACTORS RELEVANT TO ESTABLISHING IDENTITY IN
 ASCERTAINING A PERSON'S IDENTITY, INCLUDING BUT NOT LIMITED TO  PERSONAL
 KNOWLEDGE  OF SUCH PERSON, SUCH PERSON'S SELF-IDENTIFICATION, AND PHOTO-
 GRAPHIC IDENTIFICATION. THERE IS NO REQUIREMENT THAT  A  PERSON  PRESENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08338-01-7

 A. 3201                             2
 
 PHOTOGRAPHIC  IDENTIFICATION  IN ORDER TO BE ISSUED AN APPEARANCE TICKET
 IN LIEU OF ARREST; HOWEVER, IF OFFERED BY SUCH PERSON, AN OFFICER  SHALL
 ACCEPT AS EVIDENCE OF IDENTITY FORMS OF IDENTIFICATION INCLUDING BUT NOT
 LIMITED  TO  A  VALID DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD
 ISSUED BY THE COMMISSIONER OF MOTOR VEHICLES, THE FEDERAL GOVERNMENT,ANY
 UNITED STATES TERRITORY, COMMONWEALTH OR  POSSESSION,  THE  DISTRICT  OF
 COLUMBIA,  A  STATE GOVERNMENT OR MUNICIPAL GOVERNMENT WITHIN THE UNITED
 STATES OR A PROVINCIAL GOVERNMENT OF THE DOMINION  OF  CANADA;  A  VALID
 PASSPORT  ISSUED  BY  THE UNITED STATES GOVERNMENT OR ANY OTHER COUNTRY;
 AND IDENTIFICATION CARD ISSUED BY THE ARMED FORCES OF THE UNITED STATES;
 AND AN ELECTRONIC BENEFIT TRANSFER CARD;
   (B) THE OFFICER HAS REASONABLE CAUSE TO BELIEVE THAT  THE  PERSON  HAS
 COMMITTED  A  CRIME  IN  ADDITION TO AN OFFENSE DESCRIBED IN SUBDIVISION
 THREE OF THIS SECTION; OR
   (C) THE PERSON PRESENTS AN IMMEDIATE THREAT OF BODILY INJURY  TO  THAT
 PERSON OR ANOTHER.
   3.  THIS  SECTION  SHALL  APPLY  TO  THE  ENFORCEMENT OF THE FOLLOWING
 OFFENSES:
   (A) A PETTY OFFENSE, AS DEFINED IN SUBDIVISION THIRTY-NINE OF  SECTION
 1.20 OF THIS CHAPTER;
   (B) AN OFFENSE CONTAINED IN TITLE 21 OF CHAPTER XXI OF SUBCHAPTER D OF
 THE STATE CODES, RULES AND REGULATIONS;
   (C) AN OFFENSE CONTAINED IN CHAPTER 1 OF TITLE 56 OF THE NEW YORK CITY
 RULES AND REGULATIONS; AND
   (D) A VIOLATION OF SECTION 153.09 OF THE NEW YORK CITY HEALTH CODE.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.