S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4087
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the criminal procedure law, in relation to prohibiting
   the issuance of an  appearance  ticket  upon  arrest  for  any  family
   offense
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a) and (b) of subdivision 1 of  section  150.20
 of  the  criminal  procedure law, paragraph (a) as amended and paragraph
 (b) as added by section 1-a of part JJJ of chapter 59  of  the  laws  of
 2019,  subparagraph (viii) of paragraph (b) as amended and subparagraphs
 (ix), (x) and (xi) of paragraph (b) as added by section one of subpart B
 of part UU of chapter 56 of the laws of 2022, are  amended  to  read  as
 follows:
   (a) Whenever a police officer is authorized pursuant to section 140.10
 of  this title to arrest a person without a warrant for an offense other
 than a class A, B, C or D felony  or  a  violation  of  section  130.25,
 130.40,  205.10, 205.17, 205.19 or 215.56 of the penal law, OR AN ARREST
 MADE PURSUANT TO SUBDIVISION FOUR OF SECTION 140.10 OF  THIS  TITLE,  he
 shall,  except  as set out in paragraph (b) of this subdivision, subject
 to the provisions of subdivisions three and four of  section  150.40  of
 this  title,  instead  issue to and serve upon such person an appearance
 ticket.
   (b) An officer is not required to issue an appearance ticket if:
   (i) the person has one or more outstanding  local  criminal  court  or
 superior court warrants;
   (ii)  the person has failed to appear in court proceedings in the last
 two years;
   (iii) the person has been given a reasonable opportunity to make their
 verifiable identity and a method of contact known, and has  been  unable
 or  unwilling  to  do  so,  so  that  a custodial arrest is necessary to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02725-01-3
              

 A. 4087                             2
 
 subject the individual  to  the  jurisdiction  of  the  court.  For  the
 purposes  of  this  section,  an  officer may rely on various factors to
 determine a person's identity, including but  not  limited  to  personal
 knowledge  of  such person, such person's self-identification, or 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 where the person's identity is  otherwise  verifiable;
 however,  if offered by such person, an officer shall accept as evidence
 of identity the following: a valid driver's license or non-driver  iden-
 tification card issued by the commissioner of motor vehicles, the feder-
 al  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; an identification card issued by the armed forces of the
 United States; a public benefit card, as defined  in  paragraph  (a)  of
 subdivision one of section 158.00 of the penal law;
   (iv)  [the  person is charged with a crime between members of the same
 family or household, as defined in subdivision one of section 530.11  of
 this chapter;
   (v)]  the person is charged with a crime defined in article 130 of the
 penal law;
   [(vi)] (V) it reasonably appears the person should be  brought  before
 the  court  for  consideration  of  issuance  of an order of protection,
 pursuant to section 530.13 of this chapter, based on the  facts  of  the
 crime  or  offense  that  the  officer  has  reasonable cause to believe
 occurred;
   [(vii)] (VI) the person is charged with a crime for  which  the  court
 may suspend or revoke his or her driver license;
   [(viii)]  (VII)  it  reasonably  appears  to the officer, based on the
 observed behavior of the individual in  the  present  contact  with  the
 officer and facts regarding the person's condition that indicates a sign
 of  distress  to  such  a degree that the person would face harm without
 immediate medical or mental health care, that bringing the person before
 the court would be in such person's interest in  addressing  that  need;
 provided, however, that before making the arrest, the officer shall make
 all  reasonable  efforts  to  assist  the person in securing appropriate
 services;
   [(ix)] (VIII) the person is eighteen years of age or older and charged
 with criminal possession of a weapon on school  grounds  as  defined  in
 section 265.01-a of the penal law;
   [(x)]  (IX)  the  person is eighteen years of age or older and charged
 with a hate crime as defined in section 485.05 of the penal law; or
   [(xi)] (X) the offense is a qualifying offense pursuant  to  paragraph
 (t)  of  subdivision four of section 510.10 of this chapter, or pursuant
 to paragraph (t) of subdivision four of section 530.40 of this chapter.
   § 2. Subdivisions 2 and 3 of section 150.20 of the criminal  procedure
 law,  as amended by chapter 550 of the laws of 1987, are amended to read
 as follows:
   2. (a) Whenever a police officer  has  arrested  a  person  without  a
 warrant  for  an  offense  other  than  a class A, B, C or D felony or a
 violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of
 the penal law OR AN ARREST MADE pursuant to SUBDIVISION FOUR OF  section
 140.10  OF  THIS  TITLE,  or  (b)  whenever  a peace officer, who is not
 authorized by law to issue an appearance ticket, has arrested  a  person
 for  an offense other than a class A, B, C or D felony or a violation of
 A. 4087                             3
 
 section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56  of  the  penal
 law  OR AN ARREST MADE PURSUANT TO SUBDIVISION FOUR OF SECTION 140.10 OF
 THIS TITLE pursuant to section 140.25 OF THIS TITLE, and has requested a
 police  officer  to issue and serve upon such arrested person an appear-
 ance ticket pursuant to subdivision  four  of  section  140.27  OF  THIS
 TITLE,  or  (c) whenever a person has been arrested for an offense other
 than a class A, B, C or D felony  or  a  violation  of  section  130.25,
 130.40,  205.10, 205.17, 205.19 or 215.56 of the penal law, OR AN ARREST
 MADE PURSUANT TO SUBDIVISION FOUR OF SECTION 140.10 OF  THIS  TITLE  and
 has  been  delivered  to  the  custody  of an appropriate police officer
 pursuant to section 140.40 OF  THIS  TITLE,  such  police  officer  may,
 instead  of  bringing  such  person  before  a  local criminal court and
 promptly filing or causing the  arresting  peace  officer  or  arresting
 person  to  file a local criminal court accusatory instrument therewith,
 issue to and serve upon such person an appearance ticket. [The  issuance
 and  service  of  an  appearance  ticket under such circumstances may be
 conditioned upon a deposit  of  pre-arraignment  bail,  as  provided  in
 section 150.30.]
   3.  A  public  servant  other  than a police officer, who is specially
 authorized by state law or local law enacted pursuant to the  provisions
 of  the  municipal  home  rule law to issue and serve appearance tickets
 with respect to designated offenses other than class A, B, C or D  felo-
 nies  or violations of section 130.25, 130.40, 205.10, 205.17, 205.19 or
 215.56 of the penal law, OR AN ARREST MADE PURSUANT TO SUBDIVISION  FOUR
 OF  SECTION 140.10 OF THIS TITLE, may in such cases issue and serve upon
 a person an appearance ticket when he has reasonable  cause  to  believe
 that such person has committed a crime, or has committed a petty offense
 in his presence.
   § 3. Subdivision 2 of section 140.20 of the criminal procedure law, as
 amended  by  chapter  550  of  the  laws  of 1987, is amended to read as
 follows:
   2. If the arrest is for an offense other than a class A,  B,  C  or  D
 felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
 or 215.56 of the penal law, OR AN ARREST MADE  PURSUANT  TO  SUBDIVISION
 FOUR  OF SECTION 140.10 OF THIS ARTICLE, the arrested person need not be
 brought before a local criminal court as provided  in  subdivision  one,
 and the procedure may instead be as follows:
   (a) A police officer may issue and serve an appearance ticket upon the
 arrested  person and release him from custody, as prescribed in subdivi-
 sion two of section 150.20 OF THIS TITLE; or
   (b) The desk officer in charge at a police  station,  county  jail  or
 police headquarters, or any of his superior officers, may, in such place
 fix  pre-arraignment  bail and, upon deposit thereof, issue and serve an
 appearance ticket upon the arrested person and release him  from  custo-
 dy[, as prescribed in section 150.30].
   § 4. This act shall take effect immediately.