S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1654
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M. of A. AUBRY, CARROLL, CRUZ, DARLING, DAVILA, EPSTEIN,
   GLICK, GONZALEZ-ROJAS, HEVESI, KIM, MAGNARELLI,  REYES,  L. ROSENTHAL,
   SIMON,  STECK,  WALKER,  ZINERMAN  --  read  once  and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  requiring
   police  officers  and  peace  officers  to issue appearance tickets to
   individuals charged with certain offenses instead  of  arresting  such
   individuals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 140.60 to read as follows:
 § 140.60 APPEARANCE TICKETS.
   1.  NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, A
 POLICE OFFICER OR PEACE OFFICER SHALL NOT ARREST A PERSON FOR AN OFFENSE
 DESCRIBED IN SUBDIVISION THREE OF THIS SECTION, UNLESS ONE OF THE CONDI-
 TIONS IN SUBDIVISION TWO OF THIS SECTION APPLIES. A  POLICE  OFFICER  OR
 PEACE OFFICE MAY ISSUE EITHER AN APPEARANCE TICKET REQUIRING SUCH PERSON
 TO  APPEAR  BEFORE A LOCAL CRIMINAL COURT AT A DESIGNATED FUTURE TIME IN
 CONNECTION WITH AN ACCUSATORY INSTRUMENT TO BE FILED AGAINST SUCH PERSON
 THEREIN OR A NOTICE OF VIOLATION AND HEARING TO COMMENCE A PROCEEDING TO
 RECOVER A CIVIL PENALTY IN AN ADMINISTRATIVE PROCEEDING BEFORE AN ADMIN-
 ISTRATIVE TRIBUNAL HAVING JURISDICTION OVER SUCH PROCEEDING IN  LIEU  OF
 MAKING AN ARREST.
   2.  A  POLICE OFFICER, ACTING PURSUANT TO SECTION 140.10 OF THIS ARTI-
 CLE, OR A PEACE OFFICER, ACTING PURSUANT TO SECTION 140.25 OF THIS ARTI-
 CLE, MAY ARREST A PERSON FOR AN OFFENSE DESCRIBED IN  SUBDIVISION  THREE
 OF THIS SECTION ONLY IF:
   (A) THE OFFICER IS UNABLE TO ASCERTAIN THE PERSON'S IDENTITY. AN OFFI-
 CER  MAY  RELY  ON  VARIOUS FACTORS RELEVANT TO ESTABLISHING IDENTITY IN
 ASCERTAINING A PERSON'S IDENTITY, INCLUDING BUT NOT LIMITED TO  PERSONAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03925-01-3
              

 A. 1654                             2
 
 KNOWLEDGE  OF SUCH PERSON, SUCH PERSON'S SELF-IDENTIFICATION, AND PHOTO-
 GRAPHIC IDENTIFICATION. THERE IS NO REQUIREMENT THAT  A  PERSON  PRESENT
 PHOTOGRAPHIC  IDENTIFICATION  IN ORDER TO BE ISSUED AN APPEARANCE TICKET
 IN  LIEU OF ARREST; HOWEVER, IF OFFERED BY SUCH PERSON, AN OFFICER SHALL
 ACCEPT AS EVIDENCE OF IDENTITY FORMS OF IDENTIFICATION INCLUDING BUT NOT
 LIMITED TO A VALID DRIVER'S LICENSE OR  NON-DRIVER  IDENTIFICATION  CARD
 ISSUED BY THE COMMISSIONER OF MOTOR VEHICLES, THE FEDERAL GOVERNMENT,ANY
 UNITED  STATES  TERRITORY,  COMMONWEALTH  OR POSSESSION, THE DISTRICT OF
 COLUMBIA, A STATE GOVERNMENT OR MUNICIPAL GOVERNMENT WITHIN  THE  UNITED
 STATES  OR  A  PROVINCIAL  GOVERNMENT OF THE DOMINION OF CANADA; A VALID
 PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR  ANY  OTHER  COUNTRY;
 AND IDENTIFICATION CARD ISSUED BY THE ARMED FORCES OF THE UNITED STATES;
 AND AN ELECTRONIC BENEFIT TRANSFER CARD;
   (B)  THE  OFFICER  HAS REASONABLE CAUSE TO BELIEVE THAT THE PERSON HAS
 COMMITTED A CRIME IN ADDITION TO AN  OFFENSE  DESCRIBED  IN  SUBDIVISION
 THREE OF THIS SECTION; OR
   (C)  THE  PERSON PRESENTS AN IMMEDIATE THREAT OF BODILY INJURY TO THAT
 PERSON OR ANOTHER.
   3. THIS SECTION SHALL  APPLY  TO  THE  ENFORCEMENT  OF  THE  FOLLOWING
 OFFENSES:
   (A)  A PETTY OFFENSE, AS DEFINED IN SUBDIVISION THIRTY-NINE OF SECTION
 1.20 OF THIS CHAPTER;
   (B) AN OFFENSE CONTAINED IN TITLE 21 OF CHAPTER XXI OF SUBCHAPTER D OF
 THE STATE CODES, RULES AND REGULATIONS;
   (C) AN OFFENSE CONTAINED IN CHAPTER 1 OF TITLE 56 OF THE NEW YORK CITY
 RULES AND REGULATIONS; AND
   (D) A VIOLATION OF SECTION 153.09 OF THE NEW YORK CITY HEALTH CODE.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.