Assembly Bill A5052

2021-2022 Legislative Session

Requires the court to provide a range of dates for a person pleading not guilty to a traffic infraction to appear

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

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2021-A5052 (ACTIVE) - Details

See Senate Version of this Bill:
S6192
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1806, V & T L
Versions Introduced in Other Legislative Sessions:
2019-2020: A7626, S6246
2023-2024: A4486

2021-A5052 (ACTIVE) - Summary

Requires the court to provide a range of at least three different dates and times for a person pleading not guilty to a traffic infraction to appear.

2021-A5052 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5052
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by  M.  of  A. RAMOS, JEAN-PIERRE, DICKENS, COLTON, FRONTUS,
   L. ROSENTHAL, PICHARDO, BARRON, NIOU -- Multi-Sponsored by -- M. of A.
   COOK -- read once and referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   the court to provide a range of dates for a person pleading not guilty
   to a traffic infraction to appear
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1806 of the vehicle and traffic law, as amended  by
 section  1  of  part  C of chapter 55 of the laws of 2012, is amended to
 read as follows:
   § 1806. Plea of not guilty by  a  defendant  charged  with  a  traffic
 infraction.  In  addition to appearing personally to enter a plea of not
 guilty to a violation of any provision of the tax law or the transporta-
 tion law  regulating  traffic,  or  to  a  traffic  infraction  for  the
 violation  of any of the provisions of the vehicle and traffic law or of
 any local law, ordinance, order, rule  or  regulation  relating  to  the
 operation of motor vehicles or motorcycles, a defendant may enter a plea
 of  not  guilty  by mailing to the court of appropriate jurisdiction the
 ticket making the charge and a signed statement  indicating  such  plea.
 Such  plea  must  be  sent:  (a) by registered or certified mail, return
 receipt requested or by first class mail;  and  (b)  within  forty-eight
 hours  after  receiving  such  ticket.  Upon  receipt of such ticket and
 statement, the court shall advise the violator, by first class mail,  of
 an  appearance  at  which  no  testimony shall be taken. THE COURT SHALL
 PROVIDE THE VIOLATOR WITH A RANGE OF DATES TO APPEAR WHICH SHALL INCLUDE
 AT LEAST THREE DIFFERENT DATES AND  TIMES  AT  WHICH  THE  VIOLATOR  MAY
 APPEAR.  If  the  motorist requests a trial, the court shall set a trial
 date on a date subsequent to the date  of  the  initial  appearance  and
 shall  notify  the  defendant  of  the  date  by first class mail but no
 warrant of arrest for failure to appear can be issued until the violator
 is notified of a new court appearance date by  registered  or  certified
 mail, return receipt requested, and fails to appear.
   § 2. This act shall take effect immediately.

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