Bill Text: NY A01347 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 1347 (Prior Session Legislation)

Introduced

Bill Title: Relates to the time period for mailing a not guilty plea to the court; increases the time period from 24 hours to 7 days.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A01347 Detail]

Download: New_York-2019-A01347-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          1347
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced by M. of A. CROUCH, MONTESANO, MORINELLO, RAIA -- Multi-Spon-
          sored by -- M.  of A. HAWLEY, B. MILLER, M. L. MILLER -- read once and
          referred to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to changing the
          time period for mailing in a not guilty plea to the court
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1806 of the vehicle and traffic law, as amended  by
     2  section  1  of  part  C of chapter 55 of the laws of 2012, is amended to
     3  read as follows:
     4    § 1806. Plea of not guilty by  a  defendant  charged  with  a  traffic
     5  infraction.  In  addition to appearing personally to enter a plea of not
     6  guilty to a violation of any provision of the tax law or the transporta-
     7  tion law  regulating  traffic,  or  to  a  traffic  infraction  for  the
     8  violation  of any of the provisions of the vehicle and traffic law or of
     9  any local law, ordinance, order, rule  or  regulation  relating  to  the
    10  operation of motor vehicles or motorcycles, a defendant may enter a plea
    11  of  not  guilty  by mailing to the court of appropriate jurisdiction the
    12  ticket making the charge and a signed statement  indicating  such  plea.
    13  Such  plea  must  be  sent:  (a) by registered or certified mail, return
    14  receipt requested or by first class mail; and  (b)  within  [forty-eight
    15  hours]  seven  days  after  receiving  such ticket. Upon receipt of such
    16  ticket and statement, the court shall  advise  the  violator,  by  first
    17  class  mail,  of  an appearance at which no testimony shall be taken. If
    18  the motorist requests a trial, the court shall set a  trial  date  on  a
    19  date  subsequent  to the date of the initial appearance and shall notify
    20  the defendant of the date by first class mail but no warrant  of  arrest
    21  for  failure to appear can be issued until the violator is notified of a
    22  new court appearance  date  by  registered  or  certified  mail,  return
    23  receipt requested, and fails to appear.
    24    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03041-01-9