NY State Senate Bill 2019-S5078

Senate Bill S5078

Signed By Governor

2019-2020 Legislative Session

Relates to the definition of an accusatory instrument

download bill text pdf

Archive: Last Bill Status Via A2333 - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 08, 2019	signed chap.450
Oct 28, 2019	delivered to governor
Jun 18, 2019	returned to assembly passed senate 3rd reading cal.982 substituted for s5078
Jun 18, 2019	substituted by a2333
Jun 03, 2019	advanced to third reading
May 30, 2019	2nd report cal.
May 29, 2019	1st report cal.982
Apr 08, 2019	referred to codes

Votes

- Jun 18, 2019 - Floor Vote
  A2333
  
  44
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2019
      
      aye (44)
      
      Addabbo Jr.
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (18)
      
      Akshar
      
      Amedore
      
      Flanagan
      
      Funke
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      Lanza
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
  May 29, 2019 - Codes Committee Vote
  S5078
  
  8
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 29, 2019
      
      aye (8)
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Gounardes
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Savino
      
      nay (2)
      
      Lanza
      
      O'Mara
      
      aye wr (3)
      
      Akshar
      
      Boyle
      
      Gallivan

2019-S5078 (ACTIVE) - Details

See Assembly Version of this Bill:: A2333
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§1.20 & 150.50, CP L
Versions Introduced in 2017-2018 Legislative Session:: S9075, A8687

2019-S5078 (ACTIVE) - Summary

Relates to the definition of an accusatory instrument; provides that a parking ticket may be an accusatory instrument if certain criteria are met.

2019-S5078 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5078

SPONSOR: KAPLAN
 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to the definition of an accusatory instrument


 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to give parking tickets the necessary valid-
ity in law as an accusatory instrument in criminal court.

 
SUMMARY OF PROVISIONS:

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 add para-
graph (b) to define an appearance ticket issued for a traffic infraction
related to parking to the definition of an accusatory instrument, and to
list the required elements for an appearance ticket to qualify as an
accusatory 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 clarify that
no separate accusatory instrument shall be required to be filed for an
appearance ticket issued for a traffic infraction which conforms to the
requirements set forth in paragraph (b) of sub-division one of section
1.20 of the chapter.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amendment creates paragraph (b) of Subdivision I of section 1.20 of
the criminal procedure law, as amended by chapter 209 of the laws of
1990, to define an appearance ticket issued for a traffic infraction
related to parking to the definition of an accusatory instrument, and to
list the required elements for an appearance ticket to qualify as an
accusatory instrument. The amendment also clarifies that no separate
accusatory instrument shall be required to be filed for an appearance
ticket issued for a traffic infraction which conforms to the require-
ments set forth in paragraph (b) of subdivision one of section 1.20 of
the chapter.

 
JUSTIFICATION:

Recent appellate court decisions, People v. Carrillo, 55 Misc 3d 147(A),
2017 NY Slip Op 50703(U)(App Term, 2"d Dept, 9th & 10th Jud Dists 2017)
and People v. Tarnoff 54 Misc 3d139(A), 2017 Slip Op 50151(U) (App Term,
2nd dept, 9th & 10th Jud Dists 2017) invalidated parking tickets for
lack of jurisdiction over the defendant when the courts held that the
ticket was the functional equivalent of an appearance ticket and there-
fore insufficient under criminal law as an accusatory instrument. Anoth-
er recent decision, People v. Mann 55 Misc 3d 134(A), 2017 Slip Op
50484(U) found that the parking ticket was sufficient as an accusatory
instrument but reversed the conviction based on improper evidence at
trial. As this conflict in analysis can be found in additional cases
going back twenty years, there is clearly a need to clarify this issue
in statute. This bill will ensure that an appearance ticket issued for a
parking infraction is legally valid as an accusatory instrument and that
no further accusatory instrument is required. Municipalities must also
have the ability to enforce parking rules and regulations in order to
ensure that there is sufficient available parking for residents and
businesses.  Additionally, there must be a flow of available parking for
small local business to succeed. This bill will give parking tickets the
necessary validity under law to enforce parking regulations without
requiring additional and unnecessary court filings. Parking tickets are
also a vital source of revenue for municipalities and this bill will
protect their ability to collect those funds.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: A8687-A (Otis)/S9075 (LAVALLE), passed assembly/REFERRED TO
CODES

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This bill will ensure that local governments are able to enforce parking
regulations which are an important source of revenue. The fiscal impact
will vary by municipality.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5078 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5078
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 8, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed 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

 S. 5078                             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.

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