Bill Text: NY A01756 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 1756 (Prior Session Legislation)

Introduced

Bill Title: Establishes the division of state police shall make no rule or regulation prohibiting members of the state police from modifying or recommending the modification of a charge before a court in certain cases related to violations of the vehicle and traffic law.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A01756 Detail]

Download: New_York-2019-A01756-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          1756
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
                                       ___________
        Introduced  by  M. of A. LENTOL -- Multi-Sponsored by -- M. of A. HAWLEY
          -- read once and referred to the Committee on Codes
        AN ACT to amend the executive law, in relation  to  prohibiting  certain
          plea bargain limitations
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The executive law is amended by adding a new section 233 to
     2  read as follows:
     3    § 233. Prosecution of certain violations of the  vehicle  and  traffic
     4  law.  1.  The  division of state police shall make no rule or regulation
     5  nor shall otherwise limit a member of  the  state  police's  ability  to
     6  modify or recommend the modification of a charge before a court relating
     7  to  a  petty  violation  of  the vehicle and traffic law. In addition, a
     8  member who has issued a citation or uniform  traffic  ticket  (hereafter
     9  referred  to as the "issuing member") to a person for committing a petty
    10  violation of the vehicle and traffic law shall be authorized  to  appear
    11  before the court if authorized by the local district attorney where such
    12  violation  is  returnable  on  behalf  of the people of the state of New
    13  York, at a date designated by the court, and recommend to the court  the
    14  modification of the original charge or charges.
    15    2. This section is not intended to affect any plea bargain limitations
    16  otherwise  provided  for  in  this  chapter  or other law of this state,
    17  including, but not limited to,  those  limitations  set  forth  for  the
    18  alleged  commission  of a violation of article thirty-one of the vehicle
    19  and traffic law.
    20    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04485-01-9