S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5920
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2021
                                ___________
 
 Introduced  by M. of A. GALEF, CAHILL, SAYEGH, COOK, RAMOS, SIMON, GOTT-
   FRIED, HYNDMAN, FALL, GRIFFIN, STECK,  RICHARDSON,  B. MILLER,  ASHBY,
   M. MILLER,  FERNANDEZ,  DARLING, SMULLEN, TAYLOR -- Multi-Sponsored by
   -- M. of A.  ABBATE, BARCLAY, DeSTEFANO, ENGLEBRIGHT,  HAWLEY,  THIELE
   -- 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-
 ant to this section, (f) any statement or explanation that the defendant
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08271-01-1

 A. 5920                             2
 
 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.