Assembly Bill A1756

2019-2020 Legislative Session

Prohibits rules or regulations of the state police prohibiting members from modifying or recommending the modification of certain charges before a court

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

multi-Sponsors

2019-A1756 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Add §233, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6974
2011-2012: A1379
2013-2014: A1645
2015-2016: A924
2017-2018: A2097

2019-A1756 (ACTIVE) - Summary

Establishes the division of state police shall make no rule or regulation prohibiting members of the state police from modifying or recommending the modification of a charge before a court in certain cases related to violations of the vehicle and traffic law.

2019-A1756 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1756
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced  by  M. of A. LENTOL -- Multi-Sponsored by -- M. of A. HAWLEY
   -- read once and referred to the Committee on Codes
 
 AN ACT to amend the executive law, in relation  to  prohibiting  certain
   plea bargain limitations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The executive law is amended by adding a new section 233 to
 read as follows:
   § 233. PROSECUTION OF CERTAIN VIOLATIONS OF THE  VEHICLE  AND  TRAFFIC
 LAW.  1.  THE  DIVISION OF STATE POLICE SHALL MAKE NO RULE OR REGULATION
 NOR SHALL OTHERWISE LIMIT A MEMBER OF  THE  STATE  POLICE'S  ABILITY  TO
 MODIFY OR RECOMMEND THE MODIFICATION OF A CHARGE BEFORE A COURT RELATING
 TO  A  PETTY  VIOLATION  OF  THE VEHICLE AND TRAFFIC LAW. IN ADDITION, A
 MEMBER WHO HAS ISSUED A CITATION OR UNIFORM  TRAFFIC  TICKET  (HEREAFTER
 REFERRED  TO AS THE "ISSUING MEMBER") TO A PERSON FOR COMMITTING A PETTY
 VIOLATION OF THE VEHICLE AND TRAFFIC LAW SHALL BE AUTHORIZED  TO  APPEAR
 BEFORE THE COURT IF AUTHORIZED BY THE LOCAL DISTRICT ATTORNEY WHERE SUCH
 VIOLATION  IS  RETURNABLE  ON  BEHALF  OF THE PEOPLE OF THE STATE OF NEW
 YORK, AT A DATE DESIGNATED BY THE COURT, AND RECOMMEND TO THE COURT  THE
 MODIFICATION OF THE ORIGINAL CHARGE OR CHARGES.
   2. THIS SECTION IS NOT INTENDED TO AFFECT ANY PLEA BARGAIN LIMITATIONS
 OTHERWISE  PROVIDED  FOR  IN  THIS  CHAPTER  OR OTHER LAW OF THIS STATE,
 INCLUDING, BUT NOT LIMITED TO,  THOSE  LIMITATIONS  SET  FORTH  FOR  THE
 ALLEGED  COMMISSION  OF A VIOLATION OF ARTICLE THIRTY-ONE OF THE VEHICLE
 AND TRAFFIC LAW.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04485-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.