S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2333
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. OTIS, BRABENEC, THIELE -- read once and referred
   to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  the  defi-
   nition of an accusatory instrument
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 1.20  of  the  criminal  procedure
 law,  as  amended by chapter 209 of the laws of 1990, is amended to read
 as follows:
   1.  "Accusatory instrument" means: (A) an  indictment,  an  indictment
 ordered  reduced pursuant to subdivision one-a of section 210.20 of this
 chapter, an information, a simplified information, a prosecutor's infor-
 mation, a superior court information, a misdemeanor complaint or a felo-
 ny complaint. Every accusatory  instrument,  regardless  of  the  person
 designated  therein  as  accuser, constitutes an accusation on behalf of
 the state as plaintiff and must be entitled "the people of the state  of
 New York" against a designated person, known as the defendant[.]; AND
   (B) AN APPEARANCE TICKET ISSUED FOR A PARKING INFRACTION WHEN (I) SUCH
 TICKET  IS  BASED ON PERSONAL KNOWLEDGE OR INFORMATION AND BELIEF OF THE
 POLICE OFFICER OR OTHER PUBLIC SERVANT WHO ISSUES THE TICKET, (II)   THE
 POLICE  OFFICER  OR OTHER PUBLIC SERVANT WHO ISSUES SUCH TICKET VERIFIES
 THAT FALSE STATEMENTS MADE THEREIN ARE PUNISHABLE AS A CLASS A MISDEMEA-
 NOR, (III) THE INFRACTION OR INFRACTIONS CONTAINED THEREIN ARE STATED IN
 DETAIL AND NOT IN CONCLUSORY TERMS SO AS TO PROVIDE THE  DEFENDANT  WITH
 SUFFICIENT   NOTICE  INCLUDING,  BUT  NOT  LIMITED,  TO  THE  APPLICABLE
 PROVISION OF LAW ALLEGEDLY VIOLATED, AND THE DATE, TIME  AND  PARTICULAR
 PLACE OF THE ALLEGED INFRACTION, AND (IV) SUCH TICKET CONTAINS:  (1) THE
 LICENSE PLATE DESIGNATION OF THE TICKETED VEHICLE, (2) THE LICENSE PLATE
 TYPE  OF  THE TICKETED VEHICLE, (3) THE EXPIRATION OF THE TICKETED VEHI-
 CLE'S REGISTRATION, (4) THE MAKE OR MODEL OF THE TICKETED  VEHICLE,  AND
 (5) THE BODY TYPE OF THE TICKETED VEHICLE, PROVIDED, HOWEVER, THAT WHERE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01653-01-9

 A. 2333                             2
 
 THE PLATE TYPE OR THE EXPIRATION DATE ARE NOT SHOWN ON EITHER THE REGIS-
 TRATION PLATES OR STICKER OF A VEHICLE OR WHERE THE REGISTRATION STICKER
 IS  COVERED,  FADED,  DEFACED OR MUTILATED SO THAT IT IS UNREADABLE, THE
 PLATE  TYPE  OR  THE  EXPIRATION DATE MAY BE OMITTED, PROVIDED, FURTHER,
 HOWEVER, THAT SUCH CONDITION MUST BE SO DESCRIBED AND  INSERTED  ON  THE
 INSTRUMENT.
   § 2. Subdivision 1 of section 150.50 of the criminal procedure law, as
 amended  by  chapter  549  of  the  laws  of 1987, is amended to read as
 follows:
   1. A police officer or other public servant who has issued and  served
 an  appearance ticket must, at or before the time such appearance ticket
 is returnable, file or cause to be filed with the local  criminal  court
 in  which  it is returnable a local criminal court accusatory instrument
 charging the person named in such appearance  ticket  with  the  offense
 specified  therein;  PROVIDED,  HOWEVER,  THAT  NO  SEPARATE  ACCUSATORY
 INSTRUMENT SHALL BE REQUIRED TO BE FILED FOR AN APPEARANCE TICKET ISSUED
 FOR A PARKING INFRACTION WHICH CONFORMS TO THE REQUIREMENTS SET FORTH IN
 PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 1.20 OF THIS CHAPTER.  Noth-
 ing herein contained shall authorize the use of a simplified information
 when not authorized by law.
   § 3. This act shall take effect immediately.