S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1640
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed 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:
 
   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:
   § 1805. Plea of guilty, how put in. The provisions of  section  170.10
 of  the  criminal  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,  OR  ELEC-
 TRONICALLY  VIA  THE  INTERNET,  WHICH METHOD SHALL INCLUDE INSTRUCTIONS
 RELATING TO THE USE OF AN ELECTRONIC SIGNATURE, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01992-01-7

 S. 1640                             2
 
 shall prescribe and a copy thereof shall be handed to the  defendant  by
 the  officer  charging him OR HER with such offense. Thereupon the local
 criminal court may proceed as though the defendant  had  been  convicted
 upon a plea of guilty in open court, provided, however, that any imposi-
 tion  of  fine or penalty hereunder shall be deemed tentative until such
 fine or penalty shall have been paid and discharged in  full,  prior  to
 which  time  such  court,  in  its discretion, may annul any proceedings
 hereunder, including such tentative imposition of fine or  penalty,  and
 deny  the  application,  in  which event the charge shall be disposed of
 pursuant to the applicable provisions of law, as though  no  proceedings
 had been had under this section.  SUCH FINE OR PENALTY MAY BE PAID ELEC-
 TRONICALLY  VIA THE INTERNET IN A MANNER AND CONDITION PRESCRIBED BY THE
 COURT. If upon receipt of the aforesaid  application  such  court  shall
 deny the same, it shall thereupon inform the defendant of this fact, and
 that  he  OR SHE is required to appear before the said court at a stated
 time and place to answer the charge which shall thereafter  be  disposed
 of pursuant to the applicable provisions of law.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this act on its effective date are authorized and directed to
 be made and completed on or before such effective date.