NY State Senate Bill 2019-S3131

Senate Bill S3131

2019-2020 Legislative Session

Authorizes a plea of guilty and the payment of fines or penalties electronically via the internet

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Feb 04, 2019	referred to transportation

2019-S3131 (ACTIVE) - Details

See Assembly Version of this Bill:: A4276
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1805, V & T L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5567, A7455
2017-2018: S1640, A5205
2021-2022: S4809, A5920
2023-2024: S4128, A5655

2019-S3131 (ACTIVE) - Summary

Authorizes a plea of guilty and the payment of fines or penalties electronically via the internet.

2019-S3131 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3131

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to authorizing a plea of guilty and payment of fines or penal-
ties electronically via the internet

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to authorize that a plea of guilty,
and the payment of a fine or penalty may be made electronically via the
Internet.

 
SUMMARY OF PROVISIONS:

Section 1. Section 1805 of the Vehicle and Traffic Law is amended by
adding the following language: "...or electronically via the internet,
which method shall include instructions relating to the use of an elec-
tronic signature." Section 1805 (g) of the Vehicle and Traffic Law is
amended by adding the following language: "Such fine or penalty may be
paid electronically via the Internet in a manner and condition

prescribed by the court."

Section 2. Establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

This portion of the memorandum is not applicable at this time.

 
JUSTIFICATION:

Currently, traffic law violators can plead guilty and pay the associated
fines by mailing payments to the court where the violation took place.
This type of plea process is time consuming and inefficient. In allowing
pleas and payments through electronic means, the payment process is
streamlined, saving time and therefore reducing costs. This legislation
would permit municipal courts to process a guilty plea and the associ-
ated payments via the Internet.

New York City has adopted an electronic payment system for traffic tick-
ets which allows for courts in the area to focus on prosecuting criminal
cases such as driving under the influence or driving with a suspended
license. Electronic payment of tickets can only be processed for non-
criminal moving traffic violations included but not limited to; speed-
ing, running a stop sign, or running a red light. The pleas and payments
are accepted through the Traffic Violations Bureau (TVB), an administra-
tive court of the Department of Motor Vehicles. Their online system
gives users the ability to plead "Not Guilty" and schedule a TVB hearing
in the jurisdiction in which the ticket was issued, "Guilty" and imme-
diately pay the fees associated with their ticket, or change a previous
plea of "Not Guilty" to "Guilty" and pay the ticket's associated fees.
The Traffic Violations Bureau has made an effort to safeguard the online
payment system by requiring multiple forms of identification to make a
plea including the user's New York State ID number, the last four digits
of their social security number, as well as their Traffic Ticket Number.
Requiring this amount of authorization to plead guilty greatly reduces
the risk of an individual making a fraudulent plea and payment of fines
associated with the ticket.

It is our hope that by allowing municipalities to operate in a similar
fashion as the TVBs, our system will be streamlined in an efficient
manner.

 
PRIOR LEGISLATIVE HISTORY:

A. 5205 and S.1640 of 2017/2018
A. 7455-A and S.5567-A of 2015/2016

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

The only fiscal implication connected to the passage of this legislation
is a savings to municipal courts.

 
EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become a
law; provided, however, that the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and completed
on or before such effective date.

2019-S3131 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3131                                                  A. 4276
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation
 
 IN  ASSEMBLY  --  Introduced  by M. of A. GALEF, CAHILL -- read once and
   referred 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00253-01-9

 S. 3131                             2                            A. 4276
 
 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
 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.

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