Bill Text: NY A07455 | 2015-2016 | General Assembly | Amended

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Bill Title: Authorizes a plea of guilty and the payment of fines or penalties electronically via the internet.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-06-06 - held for consideration in transportation [A07455 Detail]

Download: New_York-2015-A07455-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7455--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 12, 2015
                                      ___________
       Introduced  by M. of A. GALEF -- read once and referred to the Committee
         on Transportation  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       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:
    1    Section 1. Section 1805 of the vehicle and traffic law, as amended  by
    2  chapter 182 of the laws of 2004, is amended to read as follows:
    3    S 1805. Plea  of  guilty, how put in. The provisions of section 170.10
    4  of the criminal procedure law and the  provisions  of  section  eighteen
    5  hundred  seven  of this article may be waived, to the extent hereinafter
    6  indicated, by a defendant charged with a violation of any  provision  of
    7  the  tax  law or the transportation law regulating traffic, or a traffic
    8  infraction, as defined in this chapter, other than a third or subsequent
    9  speeding  violation  committed  within  a  period  of  eighteen  months,
   10  provided  that he OR SHE shall submit to the local criminal court having
   11  jurisdiction, in person, by duly authorized agent, by first  class  mail
   12  or  by  registered or certified mail, return receipt requested, OR ELEC-
   13  TRONICALLY VIA THE INTERNET, WHICH  METHOD  SHALL  INCLUDE  INSTRUCTIONS
   14  RELATING  TO  THE USE OF AN ELECTRONIC SIGNATURE, an application setting
   15  forth (a) the nature of the charge, (b) the information or  instructions
   16  required  by  section eighteen hundred seven of this article to be given
   17  defendant upon arraignment, (c) that  defendant  waives  arraignment  in
   18  open  court  and the aid of counsel, (d) that he OR SHE pleads guilty to
   19  the offense as charged, (e) that defendant elects and requests that  the
   20  charge be disposed of and the fine or penalty fixed by the court, pursu-
   21  ant to this section, (f) any statement or explanation that the defendant
   22  may desire to make concerning the offense charged and (g) that defendant
   23  makes  all  statements with respect to such application under penalty of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10194-02-5
       A. 7455--A                          2
    1  perjury. This application shall be in  such  form  as  the  commissioner
    2  shall  prescribe  and a copy thereof shall be handed to the defendant by
    3  the officer charging him OR HER with such offense. Thereupon  the  local
    4  criminal  court  may  proceed as though the defendant had been convicted
    5  upon a plea of guilty in open court, provided, however, that any imposi-
    6  tion of fine or penalty hereunder shall be deemed tentative  until  such
    7  fine  or  penalty  shall have been paid and discharged in full, prior to
    8  which time such court, in its  discretion,  may  annul  any  proceedings
    9  hereunder,  including  such tentative imposition of fine or penalty, and
   10  deny the application, in which event the charge  shall  be  disposed  of
   11  pursuant  to  the applicable provisions of law, as though no proceedings
   12  had been had under this section.  SUCH FINE OR PENALTY MAY BE PAID ELEC-
   13  TRONICALLY VIA THE INTERNET IN A MANNER AND CONDITION PRESCRIBED BY  THE
   14  COURT.  If  upon  receipt  of the aforesaid application such court shall
   15  deny the same, it shall thereupon inform the defendant of this fact, and
   16  that he OR SHE is required to appear before the said court at  a  stated
   17  time  and  place to answer the charge which shall thereafter be disposed
   18  of pursuant to the applicable provisions of law.
   19    S 2. This act shall take effect on the one hundred twentieth day after
   20  it shall have become a law; provided, however, that the addition, amend-
   21  ment and/or repeal of any rule or regulation necessary for the implemen-
   22  tation of this act on its effective date is authorized and  directed  to
   23  be made and completed on or before such effective date.